People Often Get Charged with DUIs Just for Sitting in Their Car
People are often surprised to learn that police can lay a full impaired driving charge even when the vehicle never moves, because the Criminal Code focuses on whether a person had control over a vehicle while impaired rather than whether the vehicle was driven. Police regularly arrest people who are asleep in the driver’s seat, sitting behind the wheel with the engine off, or even entering the vehicle through the driver’s door after drinking, because each of these situations creates a presumption that the person had care and control of the car. Officers are trained to treat these scenarios the same way as any other impaired operation case, which means roadside tests, arrest, and breath testing at the station.
If challenging the charge in court, you must explain why you were in the vehicle and show that you posed no realistic risk of putting the car in motion, and that process can be difficult without legal help. The law places the burden on you to provide a believable reason for being in the car and to show that you took steps to avoid operating it.
This article explains why these charges happen so often, how care and control works, and what you can do to defend yourself.
What is “Care and Control”? – The Full Explanation
Care and control is the legal concept that allows police to charge you with impaired operation even if the car never moves, and the law presumes you had control if you are found in the driver’s seat while impaired. The presumption applies even when the engine is off, the keys are not in the ignition, or the vehicle is parked, because the law focuses on the risk that the vehicle could be set in motion.
Care and control involves several specific factors:
- Sitting in the driver’s seat creates an automatic presumption that you were in control of the vehicle.
- Police and the Crown can argue that any realistic risk of the vehicle moving counts as care and control.
- Keys in your pocket, on the seat, or anywhere accessible strengthen the case against you.
- The location of the car matters; being parked outside a bar is viewed differently than being parked outside your home.
- Being in the back seat or passenger seat reduces the likelihood of a charge, because it shows an effort to avoid control.
- Turning on the car for heat is defensible only if you sit in a seat other than the driver’s seat.
- Even without evidence of actual driving, the Crown can proceed if identity and control are established.
Care and control is the main reason people face DUI charges despite never driving, and understanding how the presumption works is the starting point for building a defence.
The DUI Charge is the Same as If You Were Driving
A DUI charge laid while you are sitting in a parked car carries the same penalties, the same licence suspensions, the same criminal record, and the same interlock requirements as an impaired driving charge involving actual driving. Courts apply the same process from the moment of the roadside test to the conclusion of the case, because the law treats control of a vehicle as equivalent to driving it.
Police and the court system follow the same sequence of events:
- Roadside investigation: Police can make a roadside demand for a breath sample even if the car is parked.
- Arrest: Sitting in the driver’s seat while impaired leads to the same arrest procedure as an impaired driving stop.
- Breath testing at the station: You go through the same evidentiary breath tests as any other accused person.
- Immediate 90-day licence suspension: The administrative suspension applies automatically after a roadside fail.
- Vehicle impoundment: The car is impounded for seven days.
- Release paperwork: You receive a promise to appear and an undertaking for your first court date.
- Disclosure and pretrial: You receive police notes, video, and breath records, followed by Crown discussions.
- Possible trial: The Crown must still prove impairment and care and control beyond a reasonable doubt.
- Sentencing if convicted: Fines, driving prohibitions, and mandatory interlock apply the same way as any DUI.
A non-driving DUI charge moves through the system exactly like a roadside impaired driving arrest, and the consequences do not change simply because the car never moved.
See also: DUI Charges in Ontario – Everything You Need to Know
Can You Fight a DUI Charge If You Were Only Sitting in the Car? – Yes
You can fight this charge because the Crown must still prove that you had care and control of the vehicle and that you posed a real risk of putting it in motion. The presumption created by sitting in the driver’s seat can be challenged with a clear and believable explanation, and many cases turn on whether the facts show any actual risk. Courts look closely at where you were sitting, where the keys were, why you were in the car, and whether the overall situation supports the idea that you intended to avoid driving.
A defence becomes stronger when the evidence shows steps taken to avoid control. Sitting in the back seat or passenger seat, keeping the keys out of reach, or using the car only as shelter reduces the Crown’s ability to rely on the presumption. The Crown also faces challenges proving identity as the driver if you were not seen operating the vehicle. These cases often succeed because the law requires proof beyond a reasonable doubt, and care and control is not automatic once the presumption is rebutted.
Should You Hire a Lawyer? – Yes
Hiring a lawyer is important because these cases rely on technical arguments about care and control, breath testing, and the circumstances that led police to make the arrest. The Crown treats a non-driving DUI the same as any other impaired operation case, so you face a criminal record, licence suspensions, and interlock requirements unless the charge is defended properly. A lawyer can examine police notes, station video, breath records, and any gaps in the Crown’s evidence, and can guide you on how to present a clear explanation for why you were in the vehicle.
These cases often turn on details that are easy to overlook, such as the position of the keys, the reason for being in the car, or the weather conditions at the time. A lawyer can show the court that you did not intend to drive and that there was no realistic risk of the car moving, which is the standard needed to defeat the presumption of care and control.
How Much Does it Cost to Fight the Charge?
Fighting a non-driving DUI involves the same costs as any other impaired driving case because the process, evidence, and penalties are the same.
Court appearances, disclosure review, Charter issues, and trial preparation require significant time, and trials move through the same stages regardless of whether the vehicle was driven.
Fighting a DUI charge can cost $5,000 to $6,500 for straightforward cases, while more complex matters—such as those involving Charter litigation or extensive disclosure—can rise well above $10,000. Costs increase when expert evidence or significant cross-examination is required.
While the expense can be substantial, the costs of a conviction—lost licence, fines, interlock, and a permanent criminal record—are far higher, which is why many people choose to defend these charges rather than plead guilty.
Important Things to Keep in Mind About Care and Control
People facing these charges benefit from understanding how quickly an ordinary situation can be treated as care and control. Small choices made before or after drinking can determine whether you face a full impaired driving charge or avoid the presumption entirely. These points help you reduce the risk of being accused of controlling a vehicle while impaired.
Avoid Drinking or Having Open Alcohol in the Car, Even If It’s Not Running
Police treat open alcohol in a vehicle as a sign that drinking occurred in or around the car, which gives them grounds to investigate further and demand roadside testing. Keeping alcohol out of the vehicle removes one of the main triggers for these charges and prevents suspicion during any police contact.
If You Need to Get Things From Your Car, Avoid the Driver Side Door
Opening the driver’s door or sitting in the driver’s seat after drinking can create the presumption of care and control, even if you only intend to grab an item. Using the passenger side avoids the appearance of control and reduces the risk that police or witnesses will claim you were preparing to drive.
If You Need to Stay or Take Shelter in Your Car, Avoid the Driver’s Seat
Staying in the car after drinking is safer legally when you sit in the back seat or passenger seat, because it shows you were not positioning yourself to operate the vehicle. Courts consider seat choice important, and avoiding the driver’s seat helps rebut any suggestion that you intended to drive or posed a risk of starting the car.
X-Copper Can Help with DUI and Care and Control Charges
We handle DUI and care and control cases every day, and we know how to challenge the circumstances that lead to these charges.
We understand how police interpret behaviour around a parked vehicle, how the presumption of care and control operates, and how to show the court that you took steps to avoid driving.
We work to protect your licence, your record, and your future by identifying weaknesses in the Crown’s case and guiding you through each stage of the process with clarity and confidence.
If you are facing a DUI or care and control charge, we can step in immediately and start building a defence that fits the facts of your situation. Contact us for a free quote today.
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