Believe it or not, you can get a DUI even if you are not driving. The government can prosecute you under a theory of actual physical control. In other words, the government can argue that even though you were not driving your car, you were in actual physical control when you were stopped.
However, in order to prove the person behind the wheel was in actual physical control, the government has to prove that the person behind the wheel could have easily started the car. For instance, if the car has a dead b
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