Can I Be Charged With DUI While Not Driving?

Most of us are aware of the circumstances that need to happen for a DUI arrest. The acronym DUI says it all – driving while under the influence.

However, what happens when you are drunk … but, not driving? Can you still be charged with a DUI? In some instances, yes you absolutely can be charged with a DUI even if you are not the one driving the car.

Here are a few scenarios where you might be putting yourself at risk for a DUI arrest – even if you aren’t driving the car:

  • If you recognized that you were too drunk to drive, and decided you would go to your car and sleep it off before going home. Imagine you have been out to a bar and you had too many to drink. You realize that you are in no condition to drive and decide you will sleep it off in your car before you head home. The police notice that you are asleep in your car and decide to come and check to make sure you don’t need medical attention. They smell the alcohol on your breath and decide to conduct a breathalyzer or field sobriety test and you fail. You could be charged with a DUI – even if the car had never moved since you got into it.
  • You are standing outside of a car that is parked but you have the keys or the keys are in the ignition and the car is running. If you have a designated driver but, you have been left with the car keys – either in your hand or in the ignition – you could be charged with a DUI. Even if you have no intention of driving and you have secured a designated driver.
  • If you drove home drunk and you made it but, someone saw you driving erratically and called the police to report it The police could come to your home and charge you with a DUI, even if you had arrived home hours earlier.
  • If you are drunk driving and the police pull you over so you and a sober passenger switch places – you could both be arrested and charged with DUI.
  • You are sitting in your car, in your driveway, with the keys in the ignition to listen to the radio but, you are drunk – you can be charged with a DUI.

While some of these situations sound completely ridiculous and unfair, the fact is, a DUI charge can come from a variety of different scenarios. Driving under the influence is not all about avoiding the checkpoints and once you’re home you’re safe. If you want to be completely safe – stay away from all moving vehicles while you are drinking so there isn’t any chance you could be mistaken as someone who is driving while intoxicated.

If you have been charged with a DUI in Fort Lauderdale, call the experienced & dedicated Fort Lauderdale DUI Attorney Jeffrey N. Ivashuk and put nearly 25 years of experience to work for you!

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