QUESTION
Can you be convicted of DUI if you were not driving?
Asked on Nov 16th, 2013 on DUI/DWI - California
9 ANSWERS
Michael J. Breczinski
This depends on whether they have proof that you were driving or not. If you were not driving then you should not get convicted since you broke no law.
Answered on Nov 20th, 2013 at 6:16 PM
If in control of the vehicle, yes. If walking in your backyard, probably not, unless oyu just swevered your care through the neighbors man cave and ended up in the back yard. Then also yes.
Answered on Nov 20th, 2013 at 9:25 AM
Tax Law Attorney serving Birmingham, AL
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Yes, you can be convicted of a DUI even if you were not driving. Alabama only requires that you be in actual physical control of the vehicle, which means that you are present inside the vehicle and capable of operating it in some manner. Due to this law, many people who pull over and try to "sleep it off" behind the wheel will wind up being charged with a DUI.
Answered on Nov 18th, 2013 at 2:45 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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In Florida, short answer is "yes". Research on net "actual physical control". You can be outside the car, across a parking lot and be arrested and convicted.
Answered on Nov 18th, 2013 at 2:45 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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They will have to prove beyond a reasonable doubt that you were operating the vehicle.
Answered on Nov 18th, 2013 at 2:44 PM
1 Award
Yes, Utah law requires a person to be in "actual, physical control" of the car and not necessarily driving. However, a jury might be less likely to convict if you were never driving. Hire a talented lawyer and you improve your chances of avoiding a conviction.
Answered on Nov 18th, 2013 at 2:43 PM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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You should NOT be.
Answered on Nov 18th, 2013 at 2:43 PM
Divorce Attorney serving Bloomfield Hills, MI
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Catchick Law, P.C.
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Yes! For example, if the police found you passed out behind the wheel of a car that was parked, but still running. Retain an experienced DUI lawyer to carefully scrutinize the police report and other prosecutorial evidence, to determine if you have any valid defenses to the arrest.
Answered on Nov 18th, 2013 at 2:43 PM
Sure you can. The cop will use circumstantial evidence to show that you were driving. Without a good lawyer, guess who the Judge will believe?
Answered on Nov 18th, 2013 at 2:42 PM