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Richmond, VA Criminal Defense Lawyer

Parked Car DUI

Providing high-quality legal defense services for DUIs in all situations.

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Parked Car DUI Can Lead To Charges

Did you know that you can be charged with a DUI (Driving Under the Influence) even if you are not actually driving your vehicle? It seems counterintuitive, but it’s true. If you are sitting or sleeping in a parked car in Richmond and are under the influence of alcohol or drugs, you may face criminal charges.

Protecting citizens is the ultimate goal of the police in Richmond. If you are occupying a motor vehicle and are compromised, you are theoretically a threat to others. That said, if you have been arrested and charged with a DUI while in a parked car, you do have recourse.  Your first course of action should be to engage an experienced and reputable Richmond DUI attorney. You must protect your rights and your future; this professional can help do both.

Attorney Cody Villalon believes that everyone is entitled to quality defense services and that providing them helps to protect us all. He has made a long-standing commitment to working with those in and around Richmond and offering them the criminal defense services they need.

DUI charges are serious, even if you were not driving your vehicle.

Contact Mr. Villalon today at 804.316.0765 to schedule a free consultation. Learn firsthand how he interacts with his clients and what he can do for you.

Why Engage Our Team?

Cody Villalon Is Well-Positioned to Protect You and Your Future

Choices have consequences, and sometimes even those that seem harmless can result in potential legal issues.  Being charged with a DUI when sitting in a parked car is one of these situations.

When this happens, it may seem as if life has truly spun out of control. Who would have thought this would even be an issue?  And the charges you are facing are serious; this is not a situation that you should try to handle by yourself.  Engaging a criminal defense attorney who has experience in handling DUI charges is an important investment in your future. The outcome of your case can have a very real impact on both your life and that of those you love. When choosing a DUI attorney, you want to be sure to identify a firm that has the experience, knowledge, and approach to service that meets your needs.

Cody Villalon is well-known in the Richmond area for successfully representing those charged with driving under the influence. He leverages the following for each and every client:

  • More than 10 years of experience providing DUI defense services
  • In-depth understanding of DUI laws, including how they apply to those occupying but not driving a vehicle
  • Solid working relationships with other professionals in the local legal system, including other defense attorneys, judges, and prosecutors
  • Hands-on, compassionate approach to working with his clients
  • Exceptional reputation for providing quality service
  • Commitment to protecting the rights and futures of those whom he represents.

Mr. Villalon is dedicated to serving each of his clients personally.  He carefully manages his caseload to ensure that he is able to work directly with clients who depend on him.  Minimizing the impact of DUI charges on your life and protecting your future is his ultimate goal.

Understanding How Our Firm Can Help You

Defending Against a DUI in a Parked Car Is a Multi-Step Process

Building a successful defense against DUI charges, even those where you were not actually driving, requires a great deal of action and attention. The knowledge necessary to do this effectively is considerable; defending yourself is definitely not in your best interests.

When you engage Cody Villalon to defend you, you can be assured that he will work tirelessly on your behalf, taking the time to make sure that each step of your defense is crafted in your best interests. He will handle every step of the process, from start to finish. You can rely on him to:

  • Investigate the DUI charges brought against you
  • Review all evidence, including police reports, sobriety tests, and lab results
  • Interview any witnesses, personally
  • Ensure that your rights were not violated at any time
  • Complete and file all paperwork
  • Answer your questions and address your concerns
  • Negotiate on your behalf
  • Build your defense
  • Represent you at trial, if necessary.

Providing you with sound legal advice and guiding you throughout the entire process is our responsibility.  We know what you should and should not do to protect yourself and your future.

DUI charges can be life changing; you want to work with a professional to make sure the decisions you make and the actions you take are well-aligned as your defense is built. Cody Villalon appreciates the gravity of your situation and is ready to go to work for you immediately.

DUI Laws in Virginia

The state of Virginia takes driving while under the influence of drugs or alcohol extremely seriously.

The penalties, even for first-time offenders, can be severe and impact the lives of the accused and their family members for years to come.

Va. Code §18.2-266: provides all of the details regarding this crime.

Defining the Term “Driving”

What the word driving actually means within the realm of DUIs in Virginia can be surprising.  You see, you don’t actually need to be driving a moving vehicle.  In fact, your car can be parked and you can still be charged with a DUI as long as the officer believes you are in physical control of the vehicle.

Situations in which police may claim you are in actual physical control may include, but are not limited to when . . .

  • The location of your car is unusual, like in the middle of the street or not in a specific designated parking space
  • The keys are either in the ignition or in the hands of the driver
  • The vehicle has recently been driven (warm engine and/or tires)
  • There is evidence of recent damage.

So, even if you are simply sitting, texting or sleeping in your car, and are under the influence, you can be charged with a DUI in Virginia.

Both Age and Blood Alcohol Levels Matter

The combination of the age of the driver as well as the level of alcohol in their system plays a role in DUI charges.  In Virgina you can be charged with a DUI if:

  • You are over the age of 21 and your BAC (Blood Alcohol Content) is greater than .08.
  • You are under the age of 21 and your BAC is .02.
  • You are found to be under the influence of other drugs, including prescription medications.

You may even be charged with a DUI if your BAC is below the numbers indicated but you were unable to operate your vehicle safely.

DUI Consequences

As mentioned, if you are found guilty of driving under the influence, the resulting consequences can have a significant impact on your life.  Even first time offenders who are found guilty can find themselves facing mandatory enrollment in alcohol safety classes (for which they must pay), ignition interlock devices, suspended license, monetary fines, and possible jail time. The severity of the sentence is dependent upon the level of your BAC and whether minors were also in the vehicle.  Subsequent charges result in even more stringent punishments, and third-time DUI offenders face felony charges.

The impact on your life extends far beyond the legal implications. Convictions can affect housing, work opportunities, car insurance rates, education, and even ownership of firearms.  Engaging a seasoned professional to help protect your rights should be your first course of action if you are charged with a DUI.

An Experienced DUI Defense Attorney Can Help You

Building a Solid Case

While being charged with a DUI is serious, a reputable Richmond DUI attorney can help to safeguard your future.  Cody Villalon has been handling DUI cases in and around the Richmond area for more than a decade. His experience in building strong cases and working compassionately with his clients is unparalleled.  Some of the defense strategies he may consider if you were arrested while sitting in a parked car and charged with a DUI include:

  • Unreliable BAC results
  • Proof that you were not in actual physical control of your vehicle
  • Flawed sobriety testing
  • Violation of your constitutional rights
  • Arrest occurred on private property.

Of course, the defense strategy Mr. Villalon uses will be based on the specifics of your situation. He appreciates that no two cases are identical, thus he spends considerable time investigating all aspects of the situation and reviewing all data.

Small details can have a big impact, and building a defense that is tailored to your specific needs is critical in minimizing the impact of this experience.

Cody Villalon Knows How to Manage Parked Car DUI Charges

Take the First Step Toward Protecting Your Future – Contact Him Today

If you have been charged with a DUI while sitting in your parked car, you may feel like you are the victim of a cruel joke. Unfortunately, you are not; Virgina law does prohibit such behavior when you are in actual physical control of your vehicle. In times like this you need to act decisively and make informed decisions to protect your future. Engaging an experienced and reputable Richmond DUI defense attorney should be your first course of action.

Cody Villalon has handled countless cases like this before. He understands that your position is precarious, and you are concerned about how this will impact your life. His reputation for providing hands-on service is unmatched; he personally handles every case his firm accepts. Rest assured he is ready to dedicate the time and energy necessary to protect your rights and your future.

Learn how Mr. Villalon can best help you by scheduling a free consultation — call

804.316.0765. This meeting will provide you the opportunity to see, firsthand, how he operates and how he plans to address your case. He understands the value of time and is ready to go to work on your behalf immediately.

Attorney Cody Villalon Richmond, VA


Cody Villalon is a criminal defense attorney in Richmond, VA representing clients accused of violent offenses and DUIs, and he specializes in serious criminal charges. He possesses more than 10 years of legal experience, has defended more than 1,000 cases, and has spent more than 5,000 hours in court. He is highly professional and well-respected by prosecutors and judges. [ Attorney Bio ]


  • Virginia Criminal Defense Assoc.
  • Best Defense Award
  • Best DUI Lawyer Award
  • Best DUI Lawyer Award
  • Top Lawyer Reviews