Can you get a DUI if you weren’t in a vehicle?

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Can you get a DUI if you weren’t in a vehicle?

My husband was found laying in the street in our park and are car was parked in our driveway.

Asked on July 9, 2013 under Criminal Law, Michigan

Answers:

Anthony Van Johnson / VANJOHNSON LAW FIRM, L.L.C.

Answered 8 years ago | Contributor

The million dollar question is whether the State can prove that your husband was in control of a moving automobile within the immediate three (3) hours after having consumed alcohol or drugs.  If he hasn't already done so, he needs to retain the services of an experienced DUI lawyer immediately.  The police incident report will shed light on what initial evidence the State will look to in its effort to make the connection between your husband being intoxicated and being behind the wheel of a moving automobile.

Maury Beaulier / MinnesotaLawyers.com

Answered 8 years ago | Contributor

Yes.  If there is probable cause from all of the circumstances to believe that a driver operated a motor vehicle while intoxicated, they may be charged with a DWi whether they are in the vehicle at tehe time police arrive or not.  However, the facts you relate would certainly give rise to defensive challenges to the criminal offense.  This may include possible, post driving consumption or an argument that hte driver was at their final destination.  There are additional strong arguments presentaly including constitutional challenges to the DWI laws under Missouri v. McNeely, a recently decided US Supreme Cuurt Case.

It is important to review all of the facts and circumstances before developing defensive arguments.  You should speak with experienced DWI counsel immediately.

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