Can you be convicted of a DUI if you’re not driving?

Asked on February 5, 2013 under Criminal Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If the evidence shows that you had been driving while impaired, then you can be convicted, even if you were not driving at the moment the police found you. For example: you are obviously intoxicated and are found parked by the side of the road, nowhere near your house. Unless there was a second person who had been driving, the evidence would support the conclusion that you had been driving drunk, to have gotten your car to the location where it and you were found.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.