If you are charged with a DUI, there are several defenses you can mount that may allow you to have your charges dismissed. One of the common defenses that are mounted is that you were not driving at the time of the DUI. This defense can be effective if you were charged with a DUI in a state where being the operator of the vehicle is a necessary part of being charged with a DUI.
Situations Where You Weren't Driving
A police officer might have approached your car when it was idling in a parking lot. Then, the officer might believe that you are under the influence of alcohol. Whether or not you are actually considered to have been drinking and driving is something that your DUI attorney will likely be able to argue. You may also be able to argue that there was no legal reason for you to be stopped.
The police officer will need to prove that you were driving. If you were in a vehicle that was not in motion, it may be more difficult for the charges to stick unless you are in a state where the officer simply needs to prove that you were in physical control of the vehicle.
For your charges to be dropped, there must be reasonable doubt that you were the driver of the vehicle when you were stopped by a police officer. Otherwise, your charges will be dropped. How far you must move the vehicle to be considered driving depends on the state in which you reside. For example, in California, you will only need to move your vehicle a few inches to be considered driving. Your vehicle can simply be in neutral and you will be considered to be driving. The engine does not even need to be on and you could simply be having your car rolling down a hill.
If you are living in a state where the car doesn't need to be in motion, the prosecution may try to argue that you were still in physical control of your car even if you were actually driving it. For this reason, you will want to contact a great DUI attorney. The attorney might argue that it would have taken significant effort for you to put the car in motion. For example, you might have been sleeping in the back of your car. Regardless of the circumstances, there is often an argument you can make to have your charges dropped.
For more information, reach out to a DUI law attorney.Share