If you have been arrested for a DUI, but feel that it has been unwarranted because you weren’t actually driving your car, you may have wondered if you can fight the charges against you. It’s a good question to ask, but not an easy one to answer
Can I Get Arrested for a DUI if I’m Not Driving?
The legal answer is—it depends, but yes, you can get a DUI while being in or around your parked car, even if you had no intent to drive. You don’t have to have your keys in the ignition or any proof of driving—you just have to be in or around your car with enough alcohol in your blood for you to get into trouble, and it’s perfectly legal. A police officer just has to see enough evidence that you might have driven or have the intent to drive in order to arrest you with charges of a DUI. So it’s important to know that sleeping it off or hanging around your car isn’t going to solve your drinking problem if an officer catches you in the act.
However, a skilled DUI lawyer may be able to get the DUI charges dropped against you if the police officer didn’t see you drive. The prosecution has to prove that you had intent to drive or were driving while intoxicated, and if there isn’t evidence, you could get a reduction of charges or have them thrown out altogether. While prosecutors do have a number of ways to get around the fact that no one witnessed you driving, a defense attorney has many ways to fight the prosecution. There are valid reasons you might have been in your car without an intent to drive, and an attorney can help you navigate the DUI court.
What Should I Do if I Was Given a DUI Without Driving?
If you or a loved one was given a DUI while you were in or around a stopped vehicle, you need to contact an attorney immediately. DUI convictions are serious offenses that can leave you with huge fines, jail time, and other life-crippling inconveniences, so your best bet—even if you weren’t driving—is to have legal advice from a qualified DUI attorney to help you figure out what the procedures will be for you to help fight or reduce your sentence.
Liberty Law Center will help you out today! We will listen to your side of the story and help you come up with a plan of action. Don’t hesitate to call—you only have 7 days after getting a DUI to act before the DMV revokes your license!