An often asked question is, “can I get a DUI without driving?” Or, if you can be charged with DUI if a cop does not see you driving. The answer is yes, though you will have defenses to these charges. In order to prove you are DUI, driving is, of course, an essential element. While the cop does not have to see you driving, they must prove beyond a reasonable doubt that you were actually driving, while impaired. Two scenarios come up in these cases:
1. the cop doesnt actually see you driving, and comes across you in a parked or otherwise stationary vehicle, or
2. the cop cannot prove you did not drink alcohol after driving your car, which can happen in the same type situations.
Of course, in scenario 1, there doesnt have to be alcohol around when the cops come up, whereas in scenario 2, you could be at your house, or otherwise have access to alcohol after you were driving.
Just because the cops don’t catch you behind the wheel or stop you does not mean you will automatically have your case thrown out. Cops are usually pretty well trained to ask the questions that will support a DUI. Often they will ask (1) if you were the only one in the car, (2) when you last drove, (3) how long you’ve been stationary or out of the car, and (4) what and when you drank. That way, they can attempt to pin down a timeline and use your own admissions against you. Remember, they don’t have to have you on video, 100% caught, in order to attempt to prove their case. Your admissions are evidence too. Additionally, they will look for tale tale signs like a keys in the ignition, a still running engine, or even a warm engine. We’ve seen it all.
What do I do for my DUI when I wasn’t driving?
If you have a case where you were not driving, but are charged with a DUI, give us a call today to discuss how we can defend your case and get you the outcome you need. We fight DUIs.