Under 21 DUI in CA

What is the name of your state? CA

An under 21 (18 yrs) relative was cited for a DUI, but was not driving. His vehicle was parked, but keys were in ignition. Blood level was .05. I know CA has Zero Tolerance for under 21, but is there any chance of having this over turned since the vehicle was not moving? Any advice would be helpful. Thanks in advance.

[JETX]

'Driving' has two legally accepted components; operation and control.
If the vehicle is moving, you are 'operating' the vehicle. If the vehicle is not moving, but you have the keys (as in this case), you are in 'control' of the vehicle.

It is that 'control' that would make him in violation of the DUI law. The fact that he was in a car parked on a public roadway, behind the wheel (presumably) and the keys were in the ignition is sufficient to meet the state laws as to DUI.
Go to: [url]http://www.dui.com/duieducation/driving.html[/url]

Also, here is a good site showing what may happen if this charge stands:
[url]http://www.aaa-calif.com/members/corpinfo/duiguide.asp[/url]

Thanks for the advice, JETX. I wasn't sure how the parked vehicle applied to this situation. With someone this age, I don't suppose there's much wiggle room to contest? What if the person wasn't sitting in the vehicle? Or could you argue that he wasnt' intending to drive? My guess is with some this age, the Zero Tolerance laws are pretty strict in CA.

Also, do you know if a restricted license is usually granted to someone age 18 in this case?

Thanks again.

[JETX]

Read the information at the site I referenced.