Can I get DUI if I wasn’t driving at the point of arrest?

UPDATED: Jan 21, 2015

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Can I get DUI if I wasn’t driving at the point of arrest?

Asked on January 21, 2015 under Criminal Law, California


Maury Beaulier /

Answered 8 years ago | Contributor

Yes.  If there is probable cause to believe you operated a motor vehicle under the influence of alcohol or wth a blood alcohol level in excess of the legal limit, you may be charged. That is true even if you were not driving atthe point of arrest.  THat does not mean, however, that there are not defenses to the charge.  You would be wise to retain exeperienced counsel.


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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.

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