Can a person be prosecuted for DUI if they are not actively driving but are in control of the vehicle?

The situation described in the question highlights an important legal concept in DUI cases: the idea of "actual physical control" of a vehicle. A person can be prosecuted for DUI even if they are not actively driving the vehicle, as long as they are in a position to exercise control over it. Being in the driver's seat is a critical factor because it typically indicates that the individual has the ability to start and operate the vehicle.

This can apply in various scenarios, such as when a person is parked but in the driver's seat with the engine running or if they have the keys in their possession. The law recognizes that being in a position to drive—regardless of whether or not the engine is on or the vehicle is moving—constitutes sufficient grounds for DUI charges.

This principle underlines the seriousness of the offense, as it is understood that being in control of a vehicle while intoxicated poses a threat to public safety, even if the individual has not yet begun to drive. Therefore, prosecution can occur when someone is in the driver’s seat, highlighting the responsibility individuals have to not only refrain from driving under the influence but also from being in a situation where they could potentially drive while impaired.