my car broke down on i-95 in bucks county,pa. police were called for help. they disregarded the car and arrested me for dui.(bac .08-.10)car not movin

Asked 8/25/2009 under DUI / DWI | 282 View(s) | More Legal Topics

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DUI / DWI Law Answers

The term "driving" a vehicle for purposes of being arrested for a DUI is liberally construed.  Usually, ability to exert control over the vehicle constitutes driving.  Officers usually need not observe someone actually driving in order to arrest them for drunk driving.  Circumstantial evidence of driving is typically sufficient to establish this element.  In your case, you had a BAC of .08% or more after your car broke down which means that (unless the car broke down next to a bar) you would have to have been drinking before it broke down.  In other words while you were still able to operate the vehicle; thus your were driving under the influence.

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