Can you be charged with a DUI even if you’re not driving under the influence?
January 15, 2013 by Richard Gulbrandsen
In the state of Arizona a DUI charge is considered a serious offense, resulting in your license being suspended and your vehicle being impounded. When most people think of a DUI, they associate it with drinking and driving, yet there are some situations where you may be charged even if that isn’t the case. Many people try to find alternatives to driving their car while intoxicated, believing they are being more responsible, yet several of these “safe” alternative can still lead to a DUI arrest.
One of the most common myths about DUIs is that they can only occur if you’re driving an automobile. As crazy as it sounds, people have been charged with DUIs for operating everything from lawnmowers and electric wheelchairs. In some cases, people on bicycles or even horses have been charged with DUI.
Even if you aren’t actually driving, but simply sitting in your parked, non-running car, you can still be charged with a DUI. There have been many Arizona cases in which the police have asserted that a person behind the wheel of a parked car is still “in control” of the motor vehicle which violates the law. While police officers can technically get away with this, there is an Arizona statute that makes it “unlawful for a person to drive or be in actual physical control of a vehicle” while under the influence.
Believe it or not, you can even be charged with a DUI while letting a sober friend drive you home after a night of drinking. If you’re riding as a passenger in your own car, the police can still deem you as being “in control” of the vehicle. Although being charged with a DUI in this situation is rare, if it does happen, an experienced DUI attorney can usually get such a charge dismissed.
So despite the fact that we refer to such charges as DUI’s or “driving under the influence,” you don’t even necessarily have to be driving in order to be charged. Because a DUI charge does have such life-altering consequences, it’s important to have the right attorney on your side to fight for your rights. The attorneys at Skousen, Gulbrandsen & Patience are experienced in helping to reduce DUI charges or even have them dismissed completely. To schedule your free consultation, call us today at 480-833-8800.
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