Can you get a DUI without driving in Tennessee?

If you’ve ever wondered whether you can be arrested for DUI even if you weren’t driving, the answer in Tennessee is: yes, you can. In fact, many people are surprised to learn that just sleeping in your vehicle while under the influence can lead to a DUI charge.

Understanding DUI Without Driving

Tennessee law doesn’t require that you actually be caught behind the wheel and moving for a DUI arrest to happen. The legal standard includes not only driving but also being in “physical control” of a vehicle while impaired.

That means you could be parked, even asleep, and still face DUI charges under the right (or wrong) set of circumstances.

What Is “Physical Control” of a Vehicle?

The term “physical control” has been interpreted broadly by Tennessee courts. Essentially, it means that you had the ability to operate the vehicle, even if you weren’t using it at the time.

When the courts and prosecutors assess whether someone was in physical control of a vehicle, they often consider:

• Were you in the driver’s seat or the back seat?
• Were the keys in the ignition or within reach?
• Was the engine running?
• Where was the vehicle located—on a public road or private property?
• Was there evidence the car had recently been driven?

Even if your engine is off and you had no intention of driving, you may still be charged if the officer believes you were in a position to start and operate the vehicle.

Real Cases in Tennessee

Tennessee courts have upheld DUI convictions in cases where drivers were found asleep behind the wheel with the engine running—or even with the engine off but the keys accessible. The idea is that you posed a potential risk to public safety simply by being in a position to drive while intoxicated.

So if you’re asking, “Can you get a DUI without driving in Tennessee?” the answer is absolutely yes—if the facts suggest you were in physical control of the vehicle while impaired.

Possible Defenses

While the law is broad, not every case leads to a conviction. You may have a viable defense if:

• You were clearly not in control of the vehicle (e.g., asleep in the backseat with no access to keys).
• The vehicle was inoperable (e.g., out of gas or mechanically disabled).
• You were on private property with no intent to drive.

None of these defenses is a guarantee of dismissal, but an experienced DUI attorney can help challenge the circumstances and argue that you were not in “physical control” of the vehicle.

Talk to a DUI Defense Lawyer in Nashville

Have you been charged with DUI even though you weren’t driving? Don’t assume a conviction is inevitable. These cases are fact-specific, and there may be defenses available to you.

Attorney Carla Grebert understands the complexities of Tennessee DUI law and how to challenge charges based on physical control. If you’re looking for a DUI defense lawyer in Nashville who will fight for your rights, contact Carla today for a confidential consultation.