Fernandina, FL DUI Law Firms & Lawyers

As long as the passenger is of legal drinking age, the driver should be fine. It may cause an officer to suspect a driver is impaired if they can tell the passenger has had too much to drink, but the driver is otherwise not at risk of arrest. That is the purpose of having a designated driver.

Yes you can get a DUI in a parked car. The DA will have to establish that you were driving using other facts like if the car is registered to you, if you admitted driving, other passengers that could have been driving, if you were in the driver seat, if the keys were in the ignition, the location of the vehicle on the road, etc. They also have to prove you were drunk at the time of driving. Which may be another issue to attach in your case. Contact a local DUI attorney and discuss the matter with them in person. Your prior is going to make the DA less likely to dismiss or reduce your charges.

You can always fight. Because you are not bright enough to not get caught with a beer in your hands, you are probably not bright enough to beat the case by yourself.