Can I Get a DUI If I Wasn’t Driving?

Is-it-possible-To-Get-a-DUI-If-I-Wasnt-Driving-and-why-you-need-a-lawyerWhen you’ve had a few drinks but you still need to get home, you might try sitting in your car while you sober up. It seems like as good a place as any to sober up, sleep it off, and wait for the alcohol to make it through your system, right? 

Wrong. You may have already been spotted by a police officer, who arrested you on DUI charges. Is that even legal? Unfortunately, it can happen, and you could face criminal charges just for being in the driver’s seat while drunk. 

If you’re worried about getting convicted for a DUI when you weren’t even driving, make sure you’re ready to fight back. While a DUI is possible, you have a chance to fight the charges and get your case dismissed. 

A DUI for Sitting Still 

It may sound strange, but you can get a DUI even if you never started your car. That can be a problem for those who would rather wait in their car for the effects to pass, rather than sobering up in someone else’s home or a bar. 

Unfortunately, you could still get in trouble and be arrested for a DUI even if you weren’t on the road. DUI charges may also be based on whether you had physical control of the vehicle. That means, even if you weren’t actually driving, they may try to prove you planned on driving while intoxicated. 

Defending Yourself against a DUI

That means you may be in trouble, even if you had no plans to drive. Fortunately, you have options when your case goes to court. Your DUI lawyer in Tampa can help you find the right defense for your case and help you get your charges reduced or dismissed completely. 

For example, your defense may simply focus on the fact that you weren’t driving at the time and that you weren’t planning on driving. For example, you may not have had your keys in the ignition, and you may not have had your keys with you at all. 

Other defenses may focus on your BAC level, especially if you weren’t far over the legal limit. You may argue that, because you knew you were drunk, you weren’t planning on driving until you were sober. 

Why You Need a DUI Lawyer, Even if You Weren’t Driving

Unfortunately, fighting against a police officer’s word is tough. They’re supposed to uphold the law, and on a practical level, they’re in the courtroom all the time. The judge and lawyers know them, and they may be more willing to trust them. 

Because of that, it can already be tough to beat your DUI charges. Worse, you may have trouble building the right defense because of your inexperience. That inexperience also makes it easy to fall for fake information you may find on the internet for free. 

Instead of trusting your DUI case to chance, let your lawyer handle it for you. While you can argue that you weren’t even driving, your lawyer can help you get evidence and build a case that could be dismissed. 
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