Why You May Be Convicted Of DUI Even If You Were Not Driving At The Time Of Your Arrest


Few traffic offenses elicit the wrath of the government as much as driving under the influence (DUI). For example, do you know that you can be arrested for DUI even if you were not driving? Here are three approaches the prosecution can take to convict you of a DUI if you were arrested in a stationary car:

You Were Just About To Drive

Attempted DUI may not be a specific crime, but the prosecution can still use it to get you convicted of actual DUI. Just like the name suggest, proving attempted DUI means proving that you wanted to drive, even if you weren't actually driving yet. An example will suffice.

Suppose an officer on patrol catches you revving up the car, getting into the driver's seat or even moving your personal belongings from the driver's seat into the passenger seat. People usually do such things when they want to drive off. For example, after exiting a bar where you have had a few drinks, you may move your coat off the driver seat, place it on the driver seat, warm up the engine, and drive off.  Therefore, an officer who catches you on the motions associated with a person who wants to drive off can arrest you for driving even if the car was stationary.

You Had Just Driven

You can also be arrested and charged with DUI if the arresting officer is convinced that you have just driven while intoxicated. Such arrests usually occur when an officer in patrol gets circumstantial evidence that a parked driver, who is intoxicated, has just stopped the car. Examples of such evidence include a warm bonnet, tire prints leading up to where the car is parked or fresh mud on the tires when there is no mud where the car is parked. This means if you were driving under the influence and suddenly stops after noticing a patrol car, you can still be charged with DUI if the officers can prove your prior action.

You Were Operating the Vehicle

Lastly, you probably know that you can be arrested for DUI while operating a vehicle. What you may not know is that operating a vehicle isn't synonymous with driving it. Turning on a car, putting it in gear, revving up the engine, and taking off the parking brake all constitute operating a vehicle. You can be you arrested for DUI if you do any of those things while intoxicated.

Have you been charged with a DUI and you weren't driving? Don't think that you have an easy case just because you weren't driving; you can still get convicted. Get a DUI attorney to help you defend the charges. Contact a firm like Boehmer Law to learn more.

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