But I was Not Driving, How Could I get A DUI?

Yes, You Can Get A DUI Even If You Were Not Driving

A common DUI question is whether a person can be charged or convicted of a DUI even if they were not driving when they were cited for DUI.  This typically happens when people are parked in a parking lot getting ready to leave or waiting for somebody.  I have seen it happen when people pull off the road because they think they may have had too much to drive.

That bad news is yes, you can be charged, cited and or arrested for DUI even if you were not driving when the police contacted you.  The good news is that it is that it may be difficult fr the prosecutor to convict you of DUI if you were not driving when the police contacted you.  If you are in this situation, I highly recommend you get an experienced DUI Lawyer to help you as you have a very good defense.

DUI cases that involve people not driving are commonly called Actual Physical Control cases and are referred to as APC cases. Driving is easy to understand, either your in motion or not.  Actual physical control of a motor vehicle applies when your vehicle is parked.  This can be if your just sitting in your car with engine running trying to stay warm until your ride comes.  It can be pulling of the road, shutting the car off but leaving the keys in the ignition.  I have heard of prosecutors claiming actual physical control when the engine was off, keys were out of the ignition on the passenger seat.

DUI prosecutions arise even when the person is not in their car when police arrive.  A common scenario I have seen is people crashing or leaving their cars then and then later, after police arrive, admitting to the police they were driving. In many cases like this, the police did not have probable cause to make a DUI arrest until the suspect opened their mouth and admitted they had been driving.  It is surprising how many people incriminate themselves this way.

Again, the god news is you if you have a case like this, you might have a winable case and definateley have a fightable case.  Therefore, I recomend you get the assitance of an experience DUI Lawyer as there are many legal neuances in fighting an APC case.