Can You Be Charged with DUI in New Jersey Without Driving? Understanding Actual Physical Control

Yes, it’s possible to be charged with DUI in New Jersey even if your car wasn’t moving. New Jersey law permits police to arrest someone they believe was in “actual physical control” of a vehicle while impaired. This could mean sitting in the driver’s seat with the keys nearby.

You made the responsible choice after a night out: you parked the car, didn’t start the engine, and just waited it out. Now you’re facing DUI charges. How can that be?

At Rudnick, Addonizio, Pappa & Casazza, we’ve seen this exact situation confuse and overwhelm countless people across New Jersey. The law isn’t always clear, especially when it comes to what it means to be in “actual physical control” of a vehicle.

This article explains how DUI/DWI charges in New Jersey can apply even if you weren’t driving, what that means legally, and what you can do if you’re facing a charge under these circumstances.

What Does “Actual Physical Control” Mean in New Jersey?

In New Jersey, DUI law (N.J.S.A. 39:4-50) doesn’t just prohibit driving under the influence. It also makes it illegal to be in “actual physical control” of a vehicle while impaired.

That phrase isn’t directly defined in the statute, but it has been interpreted through case law. Most notably, in State v. Mulcahy, the court held that a person can be found in actual physical control even if the vehicle isn’t running. In that case, the defendant was parked in a private lot, seated in the driver’s seat with the keys nearby, and was still charged and convicted.

Courts may weigh factors such as:

• Were you seated in the driver’s seat?
• Was the engine running?
• Were the keys in the ignition, your hand, or within reach?
• Was the vehicle parked in a location that posed a potential hazard?
• Could you have reasonably started or moved the vehicle?

Notably, New Jersey DUI laws apply not only on public roads but also on private property such as parking lots, driveways, or even your own yard. That means where your vehicle was parked may not shield you from charges.

Real-Life Inspired Scenario: Sleeping in Your Car Could Still Lead to a DUI

Let’s say you spent the evening in downtown Freehold, had a few drinks, and made what felt like the safe choice: sleep it off in your car instead of driving. The car is parked. The engine’s off. The keys are in your pocket. You’re just trying to be responsible.

But if you’re in the driver’s seat with the keys within reach, even if you had no intention to drive, New Jersey law may still consider that “actual physical control.” Courts and police officers alike may view this setup as enough to support a DUI charge.

From our experience representing clients in New Jersey, many people in this position are stunned to be arrested, especially when they genuinely tried to avoid endangering anyone.

Why DUI Arrests Spike in the Summer and Catch People Off Guard

Summer in New Jersey means barbecues, festivals, and boardwalk nights. During this time, police departments often increase DUI patrols.

We’ve represented individuals who were parked outside a party or beach bar, hoping to “sleep it off,” only to wake up to flashing lights and handcuffs.

These are the key reasons DUI charges happen unexpectedly:

• The vehicle doesn’t have to be moving. Actual control focuses on your ability to operate, not whether you did.
• Intentions aren’t always considered. Even if you weren’t planning to drive, law enforcement may rely on circumstantial indicators.
• Your words may be used later. Trying to explain yourself by stating, “I wasn’t going anywhere,” could inadvertently hurt your defense.
• You may still be asked to submit to chemical testing. Under New Jersey’s implied consent law, police can request a breath or blood test if they suspect impairment, even if you weren’t seen driving.

How to Defend Against a DUI Charge Without Driving

Being charged is not the same as being convicted. Strong defenses may exist, particularly when the facts surrounding your physical control are unclear.

An experienced DUI defense attorney, such as those at Rudnick, Addonizio, Pappa & Casazza, will carefully evaluate:

• Your position in the car (for example, front seat versus back seat)
• Whether the engine was on
• If the keys were accessible or stored elsewhere
• Where the vehicle was parked (public road or private lot)
• Whether the officer followed proper procedure during the stop or arrest

Each case depends on its unique facts. Challenging the prosecution’s assumptions about control, intent, or location may be key.

What Happens If You’re Convicted?

Even without driving, the penalties for a DUI conviction in New Jersey can be serious:

• License suspension (even for first-time offenders)
• Fines and court fees
• Mandatory Ignition Interlock Device (IID) installation
• Higher car insurance rates
• Jail time (especially for repeat offenses or high BACs)
• Potential employment or licensing consequences

That said, first-time offenders may be eligible for alternatives to jail, such as:

• Participation in New Jersey’s Intoxicated Driver Resource Center (IDRC)
• Installation of an IID in lieu of incarceration
• Conditional license reinstatement options

Outcomes often depend on your BAC level, driving history, and the specific details of the incident.

What Should You Do If You’re Charged?

If you’re facing a DUI charge but weren’t actually driving, take these steps:

• Stay Calm. Charges can be challenged.
• Write down everything. Note your location, what you did before sleeping, and where the keys were.
• Avoid discussing the case. Don’t talk to anyone except your attorney about what happened.
• Get legal advice early. A knowledgeable attorney can protect your rights from the start.

Arrested for DUI in NJ While Parked? Speak with a DUI Defense Lawyer Today

At Rudnick, Addonizio, Pappa & Casazza, we understand how it feels to be charged with a DUI when you genuinely thought you were doing the right thing. We’ve worked with clients from Hazlet to Toms River and throughout Monmouth, Middlesex, and Ocean Counties, helping them face DUI charges with the guidance and advocacy they deserve.

If you’re dealing with a DUI charge, whether you were behind the wheel or just sitting in your car, contact us today for a free, no-pressure consultation. We’re here to explain your options and advocate for the best possible outcome.

Disclaimer: This blog is intended for informational purposes only and does not constitute legal advice. Every case is different. For legal guidance tailored to your specific circumstances, consult a qualified DUI defense attorney licensed in New Jersey.