He was pushing from the driver s side with the driver s door open.
Keys in car dui.
The indirect evidence may come in the form of several pieces of circumstantial evidence.
Whether the car s engine was running.
Court found defendant was in actual physical control of the car.
These circumstances can make it difficult to prove that you have been operating the vehicle before you fell asleep.
This meant that sitting in the driver s seat keys in hand or in the ignition even while the car is parked and engine off can still lead to a dui in several states.
If the driver didn t have keys readily accessible a jury might be unwilling to convict.
If the engine of the car is warm the keys are in the ignition you are sitting in the driver s seat and there is no one else around to drive the car the prosecution can secure a dui conviction.
However if you find yourself snoozing in your car make sure you sleep in the back seat the keys are far away from the ignition such as in the trunk of your car.
Defendant was intoxicated and the keys to the ignition were in his pocket.
But a driver who had the keys within reach or in the ignition won t likely fare well with this issue at trial.
Similarly if the keys are in the ignition but the car is not yet turned on this could be charged as a parked car dui.
The purpose is to deter any type of drunk driving before it happens.
Being caught with the car engine running generally hurts a motorist s chances of beating a dui charge.
No other people were in the area.
Driving is sufficient but not a requirement for a dui conviction.