What can I do if I got charged with a DUI but wasn’t actually driving the car at the time?

I was found sleeping in a parking lot when the police found me. I was about 30 miles away from my home. If I was that drunk, I wouldn’t have been able to drive all the way over there without hurting myself or anyone else. Can they still charge me with a DUI even though I wasn’t driving?

Asked on October 16, 2014 under Criminal Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can try to defend against the charge by presenting a defense the day of trial, but your argument works against you: if you were 30 miles from home, you could only get there by driving, so if the alcohol in your system was at a sufficient level that you must have been drinking before you drove to the parking lot, that actually establishes that you must have been DUI. I doubt this argument will help you. If you are determined to try to contest the charge, retain an attorney with DUI/DWI experience to help you.

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