A: No. You can be convicted for DUI by driving while over the legal BAC limit or while impaired even if you're not actually driving the car. The key is whether you had the capability and power to dominate, direct, or regulate the vehicle. It doesn't matter whether you were actually exercising that power at the time. In other words, simply sitting behind the wheel with the keys in the ignition can lead to your arrest for DUI because you are in actual physical control of the car. There are, however, exceptions to this general rule which must be considered before you decide to seek ARD or plead guilty.