Most people think that in order to be arrested for DUI, you have to be driving a car. This would require taking the wheel, and driving on a public roadway where a police officer might happen to be on patrol and who pulls you over on suspicion of driving under the influence. While this is all very reasonable, it is unfortunately not always the case. There are instances where people are charged with DUI and they were not driving, or were not on a public roadway.
Two places you can be arrested for DUI, even if you are not driving, include:
- While behind the wheel of running, but parked car. If you are in the driver’s seat of a car that is parked, but the ignition is on, and you have more alcohol in your system than what is allowed by law, you might be arrested and charged with DUI. The rationale is that you are in control of the vehicle, and that is what is required by statute.
- In a parking lot or garage, especially if you ended up there after having driven while under the influence. This might require a witness who saw you enter the lot or garage while appearing to be driving under the influence, but if a witness like this steps forward, you can face DUI charges.
Cases like this usually involve extraordinary circumstances, and it will be up to the prosecution to prove their case and show you should be charged with a DUI. Many of the same defenses apply in these situations, but there are also special defenses you can raise. In order to make sure you put on the best defense possible for your case, call a qualified DUI defense attorney for help. When facts that outside the norm for the case exist, special care must be taken to make sure the facts you present are helpful to your defense. It might be that you ended up in a garage or in someone’s driveway lawfully and peacefully, if so it will be hard for the arresting officer to establish enough facts to support a charge of DUI. Every case is different, so before you judge your own facts, let us help you learn what step to take next, call us today.
For help with defending DUI charges, call our office to speak with a qualified criminal defense attorney. We help people charged with all sorts of crimes in Stuart and the Treasure Coast. Call today to schedule an appointment.