CanI be arrested for a DUI if I was not driving?

Get Legal Help Today

 Secured with SHA-256 Encryption

CanI be arrested for a DUI if I was not driving?

I parked my car, walked into a liquor store, but didn’t buy anything. The police were standing in front of the store.

Asked on September 5, 2010 under Criminal Law, Pennsylvania

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes you can be arrested for a DUI even if you are not driving at the time.  The fact is, the police do not have to actually observe you behind the wheel of a moving vehicle.  Under the law all that is needed is evidence of driving. However, in your instance they most probably observed you pulling up to the liquor store. Also, you may have said something about driving to the store when the police stopped you (you didn't indicate). This would have all been legally sufficient to demonstrate that you exerted control over your car. Additionally, I don't know what, if anything, tests were administered to you at the scene (breathalyzer, blood, field sobriety) would further legally establish that you not only exerted control over your car but did so at a time when you were legally intoxicated.

All that having been said, this does not mean that you don't have legal grounds on which to fight the charge.  Defenses that can be enlisted in your case which could result in getting the charge reduced or dismissed.  Right now you need to consult with a DUI attorney in the area where you must make your court appearance.  They will have contacts within the local court that they may be able utilize to your advantage.  Since a DUI triggers both civil and criminal cases, you really should have legal representation.

Note: PA has something called "ARD" which is a special probation. If successfully completed you can be left with a clean record.  However, you only get it once. So you should fight this charge if you can.  This way if you have a similar problem in the future ARD will be available to you then.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption