Many people believe that you can only be charged with driving under the influence (DUI) if you’re actively operating a vehicle. But in Nevada, that’s not the full picture. You can be arrested, and even convicted, of DUI without the car moving or the engine running, thanks to a legal concept called “actual physical control.”

What Is “Actual Physical Control”?

Under Nevada Revised Statutes (NRS) 484C.110, a person is guilty of DUI if they are under the influence of alcohol or drugs while in actual physical control of a vehicle. This term isn’t explicitly defined in the statute, but Nevada courts have interpreted it broadly.

Actual physical control means you could potentially operate the vehicle, even if you weren’t doing so at the moment. For example, sitting in the driver’s seat with the keys nearby, or even in your pocket, may be enough for law enforcement to argue that you had control over the vehicle and could have driven while intoxicated.

Common Scenarios That Could Lead to Arrest

It might seem unfair, but people are arrested for DUI in Nevada in situations like these:

• You’re sleeping in your parked car with the engine off but the keys in the ignition
• You pull over to “sleep it off” in a casino parking lot but remain in the driver’s seat.
• You’re sitting behind the wheel, music playing, and the engine is off, but the keys are accessible.

In each of these situations, law enforcement might determine that you posed a risk of getting behind the wheel while impaired, even if you didn’t intend to drive. Officers are trained to assess whether you had the ability and opportunity to operate the vehicle, and they often err on the side of caution when making an arrest.

How Police Determine “Control”

When officers encounter someone under the influence in a parked vehicle, they consider several factors:

• Location of the vehicle (e.g., on the road vs. in a private lot)
• Where the person is sitting (driver’s seat vs. passenger seat)
• Where the keys are (in the ignition, nearby, or hidden)
• Whether the engine is running
• Time of day and weather conditions
• Intent to sleep or wait for a ride

There’s no one-size-fits-all answer, officers use their judgment, and prosecutors decide whether the evidence is strong enough to press charges.

What to Do If You’re Charged

If you’re arrested for DUI under actual physical control, don’t assume a conviction is guaranteed. These cases often involve gray areas, and an experienced Las Vegas DUI attorney may be able to challenge the arrest, question whether you truly had control of the vehicle, or present evidence that you were not a threat to public safety.

Bottom Line

In Nevada, you don’t have to be driving to be arrested for DUI. If you’re intoxicated and in a position where you could operate a vehicle, you may face serious charges. The safest choice? Avoid getting into your car at all when impaired, even if your only plan is to sleep.