Getting a DUI while not Driving


You would think that the answer to this question would be quite obvious. However, it is actually quite complicated and depends on all the facts and the arrest itself. There are actually a couple of ways a police officer can issue you a DUI and make an arrest even if they don’t see you actually driving. The fact is that you can still get a DUI even if you are just sitting in your car. You could just sitting in the driver’s seat and waiting. The car can even be turned off at the time. In fact, there have even been cases where a person is just parked on the side of the road and taking a nap and still charged and found guilty of a DUI. If the keys are left in the ignition then it is assumed that you have the intent to drive. Under the law driving has two components:


  • The operation and the control of the vehicle


Moving is not the only element while driving. The controlling is the other and has to do with using the keys.


DUI’s while not driving


This could include accidents. In most cases the police don’t actually see the accident and need evidence that you were the driver to press charges. That evidence could come from witnesses and any seat belt marks on your body from the driver’s seat. It could also come from the fact that the vehicle belongs to you with no one else there. These results could also come from a parked vehicle where you are passed out. The vehicle is not moving. Most states have a physical control law that allows them to proceed from the use of the vehicle. Another way this could happen is from a witness calling you in. There is no accident but a citizen complains. The witness puts you behind the wheel and that could be enough for an indictment. Every state has different laws and you should know them in case of any problems. The only way for arrests to be made is if the person was driving and had alcohol in their bloodstream exceeding the limit.




Evidence that is considered solid is the level of substance in the body of the person that is passed out in the vehicle. If it is over the recommended levels of being sober. There are those who would tell you that alcohol increases in the blood as it gets absorbed by the intestines. It is possible the levels of alcohol that are present while the person was driving were below the limit to be sober. These arguments are doubtful and not given much thought in resolving these types of cases. All the evidence most states and police need is drunken person and car result in DUI. There are some countries police can fine a huge amount for smelling alcohol on a person. In some cases they can be jailed.




You will need a good DUI attorney that can review the case and find the best way to defend you. If you were not driving but found intoxicated you will need a good DUI lawyer. There are some police that will arrest you for just sitting in your car after a couple of drinks but you have not driven. If you are not guilty the lawyer should be able to prove it and get you the not guilty outcome. This can free you from possible license suspension, fines, classes and other penalties. Some other defenses to help you get off can include:


  • an improper arrest
  • improper arrest procedures
  • no being advised of you Miranda rights
  • faulty sobriety testing equipment
  • untrained and uncertified personnel


By Richard Jacobs

Share |