Can You Get a DUI Without Being Pulled Over?
Being pulled over for a DUI or DWI is bad enough on its own but can you still get a DUI without even being pulled over? Well, in most states, yes, you can. You can be arrested for a DUI without even driving your vehicle. In some states, you actually have to be driving the vehicle to get a DUI but with most states, the prosecutor simply has to prove you were “operating” or had “physical control” of the vehicle while intoxicated.
Say, for instance, you feel you shouldn’t drive home after having “one too many” and decide to do the “responsible” thing and sleep it off in your car. Next thing you know you’re waking up to a police officer at your window and a few minutes later you’re being arrested for a DUI without ever driving the vehicle. Unfortunately, you just need to be in physical control of the vehicle to be charged.
Physical Control Laws for DUIs
While the charges may be more severe for a moving violation, you can still be charged with a DUI for having “physical control” of your vehicle.
Generally, this means being in the driver’s seat with possession of the vehicle’s keys – even if they aren’t in the ignition – however, you could still be charged even standing outside the vehicle while intoxicated and in possession of the keys. Some states do, however, have “safe harbor” laws that would exclude you from being convicted if you were sleeping in your car while intoxicated and your keys were out of reach – such as in the trunk.
If you’ve been drinking it is best to avoid your vehicle for any reason. In some cases, this may be unavoidable should you need to retrieve something from your vehicle but you should do your best to plan ahead for this type of situation. Should you be arrested for a DUI under physical control laws, you should contact an attorney immediately to improve your chance of having the charges dismissed.
Get the Best DUI Defense for Physical Control Laws in New Port Richey, FL
If you’ve been arrested for a DUI, even if you weren’t driving at the time, contact us today. You’ll get the best defense possible for your DUI case in New Port Richey and Pasco County, Florida by contacting Frank Bianco, P.A.