How is it possible that my brother was arrested for a OWI but wasn’t driving at the time of arrest?

Do not assume that a person must be driving in order to be arrested and convicted of OWI/DUI/DWI. In many states, being stopped by police while driving is not a requirement for an arrest.

While in order for a DUI charge to stick, the state must establish that defendant had physical control of their vehicle. This, however, does not mean that they had to be driving. Most courts maintain that if reasonable evidence exists to show the defendant drove immediately before they were found by the police, then they can be arrested.

Several factors can contribute to proving that an individual had physical control of their vehicle (e.g. the car is running, they had their car keys in their hand, the engine was warm, etc.).

If a person was arrested for DUI while not driving and did not meet any of the foregoing criteria, an experienced DUI attorney may be able to convine a judge that the defendant did not have control of a vehicle. Additionally, if procedural requirements were not followed, legal counsel may be able to get the charges dismissed, reduced or even win an acquittal at trial.

Hello. There is a sort of evidence known as 'circumstantial evidence' which may be the type of proof that serves as the basis for your brother's arrest. Your brother is considered innocent unless and until proven guilty and the standard of proof is proof beyond a reasonable doubt. Your brother needs attorney representation (from an attorney licensed in the involved state). Some attorneys are available seven days for emergency legal needs. Many attorneys will confer initially at no charge. Then, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist you in limited scope manner to conserve legal costs. All the best.