Yes, you can. In Maryland, police can charge you with DUI or DWI even if you were not driving when they found you. They may do this if they believe you were in actual physical control of the vehicle while impaired. After a holiday party, many people try to make a safer choice by sitting in their car to sober up. However, that decision can still create legal risk. The risk increases when the situation makes it look like you could have driven or you recently drove.
That does not mean every situation leads to a conviction. Still, you should understand how these cases work. You should also know what details tend to raise risk and what to do if police approach you while you are in your vehicle.
Why Sitting In Your Car Can Still Trigger DUI Or DWI Charges In Maryland
Maryland impaired driving cases often focus on more than a car moving down the road. Police and prosecutors look at whether you had the ability to operate the vehicle and whether circumstances suggest you already operated it or intended to.
In practice, an officer may treat your situation like a DUI stop if they think:
- You drove to the location while impaired
- You planned to drive soon
- You had the keys and easy access to start the car
- You were positioned in a way that suggested control
Holiday nights make this more common because officers expect impaired drivers in parking lots, outside bars, and near event venues.
Similar Post: What Should You Do In The First 12 Hours After A Holiday DUI Arrest In Maryland?
What Police Use To Decide Actual Physical Control
There is no single magic detail. Instead, cases usually turn on a cluster of facts. If several factors point toward control, the risk rises.
Common factors include:
- Where you were sitting such as the driver’s seat versus the back seat
- Where the keys were, including in the ignition, in your hand, or within reach
- Whether the engine was on or the vehicle was running
- Whether the headlights were on
- Where the car was located such as a traffic lane, shoulder, or parked space
- Whether the car appeared recently driven such as a warm hood or fresh tracks in snow
- What you told the officer about where you came from and what you planned to do
This is why what you say matters. A simple statement like I was about to leave or I just pulled over can get used as an admission of driving or intent.
Sitting In A Parked Car Is Not Automatically Illegal
You are not breaking the law simply by being inside a car after drinking. The issue is whether police can frame the situation as impaired control of the vehicle.
Many people are trying to do the safe thing. Still, the safest choice is always to avoid putting yourself in a fact pattern that looks like you were about to drive.
What To Do If Police Approach You While You Are In Your Car
If an officer knocks on your window after a holiday party, your goal is to stay calm and avoid creating extra evidence.
Do this:
- Be polite and keep your movements slow
- Keep your answers short and factual
- Avoid guessing about timing or drink count
- Avoid volunteering why you are in the car
Avoid this:
- Do not say you were about to drive
- Do not say you just drove, even a short distance
- Do not try to talk your way out by explaining how much you drank
- Do not argue or become defensive
Similar Post: What Should You Say And Not Say During A Holiday DUI Traffic Stop In Maryland?
What Not To Do If You Are Trying To Sober Up Safely
These choices often make the situation look worse to police, even if you meant well.
Avoid:
- Sitting in the driver’s seat with the keys within reach
- Turning the engine on to run heat
- Falling asleep with the car running
- Parking in a traffic lane, shoulder, or unusual location
- Telling police you are waiting to sober up, then adding you will leave soon
If you need warmth, it is usually safer to go back inside, find a friend, call a ride, or arrange a safe place to stay rather than running the vehicle.
Penalties Matter, Even When The Facts Feel Minor
People often assume a parked-car case cannot be serious. Maryland penalties still apply if the state proves DUI or DWI.
In Maryland, a first offense DUI can carry up to 1 year in jail, a fine up to 1,000 dollars, and 12 points on your license. A first offense DWI can carry up to 60 days in jail, a fine up to 500 dollars, and 8 points on your license. The penalties increase for repeated offenses and aggravating factors, such as driving with a minor in the car.
That is why even a parked-car DUI allegation deserves attention.
How These Cases Can Become Defensible
A parked-car DUI case often depends on assumptions. If the state cannot prove you drove or that you were in actual physical control while impaired, the case can weaken.
Defense arguments often focus on:
- Lack of proof you drove
- Lack of proof you intended to drive
- Your location in the vehicle and key placement
- Contradictions or gaps in the officer’s timeline
- Whether the investigation relied on assumptions instead of facts
The details matter, which is why you should document your own timeline as soon as you can.
Similar Post: What Steps Should You Take Immediately After a DUI Arrest in Ocean City?
Smart Alternatives After A Holiday Party
If you drink and you are trying to avoid driving, these options reduce risk more than sitting in the driver’s seat.
Consider:
- Calling a rideshare or taxi
- Calling a friend for a ride
- Staying where you are overnight
- Using public transportation where available
- Asking the host about a safe place to wait indoors
You can still make a safe choice without creating a situation that looks like control of a vehicle.
Can A Parked Car DUI Still Affect Your License?
Yes. A DUI or DWI charge can create major license consequences if it results in conviction, and administrative issues can also complicate driving privileges depending on how the case unfolds. That is why it helps to treat the first steps after arrest as high stakes.
Were You Charged With DUI After Sitting In Your Car In Maryland? Get Help From Maronick Law
A DUI arrest after a holiday party can happen even when you were trying to do the responsible thing. The outcome often depends on how police interpreted actual physical control, what they documented, and what the state can prove.
Maronick Law can evaluate the facts, explain the Maryland DUI and DWI penalties that may apply, and help you understand what steps may protect your license and your future. Call 443-551-2747 or use the online contact form to request a confidential consultation. We serve clients throughout Maryland, including Ocean City, Towson, and Cambridge.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.