Suburban Law Enforcement Academy (SLEA) BA State Certification Practice Exam

In the scenario where Joe starts his car to warm it up without intending to drive, can he be arrested for DUI?

1. Yes, because he is in the car

2. No, because there is no intention to drive

3. Yes, but only if the officer has a witness

4. No, it's not DUI if the key is not in the ignition

The correct answer is: Yes, because he is in the car

In the scenario described, Joe can indeed be arrested for DUI based on the fact that he is in the car with the engine running, regardless of his intention to drive. Many jurisdictions define DUI laws broadly, asserting that operating or being in physical control of a vehicle equipped with an engine can constitute "driving" for the purposes of the law. When the vehicle is running, it demonstrates that Joe has the capability to operate it, which often leads law enforcement to consider him as being in physical control of the vehicle. The intent to drive is often not a necessary condition for a DUI charge; what matters more is the ability to operate the vehicle while under the influence of alcohol or drugs. This understanding is critical for upholding public safety and deterring potential accidents that might occur if a person chooses to drive while impaired. The other choices reflect a misunderstanding of DUI laws regarding physical control of a vehicle, intention to drive, or the status of the ignition key. The key issue in Joe's case is the fact that the vehicle is running while he is inside, which can lead to DUI enforcement.