13Feb 2020

Can You Be Charged With DUI If You Were Not Driving At The Time You Were Arrested?

A recent case in New Jersey has brought to light an aspect of DUI law 
that often goes unnoticed. In many states, you do not necessarily have 
to be observed driving a vehicle by an officer to be arrested for DUI. 
All the state has to do is prove beyond a reasonable doubt that you were 
operating a vehicle under the influence. Period.

There was a lone truck in the parking lot of a closed restaurant early 
one recent morning in New Jersey. The officer approached the truck and 
noticed that the engine was running and that the man behind the wheel 
was asleep. Once the officer woke the man he saw an open beer can in the 
console, the man smelled of alcohol and was slurring his speech.

The man behind the wheel was questioned and told the officer that he had 
had a few drinks and had dropped off a friend after going to an Atlantic 
City casino. The man thought that since the officer did not observe him 
operating his truck, he was in no danger of being arrested. He couldn't 
have been more wrong. The man was immediately arrested, charged with and 
eventually convicted of DUI.

Remember, never drive or operate any vehicle if you are under the 
influence of any substance. If you live in Burlington, Essex, 
Colchester, Winooski, Williston, Shelburne or anywhere in the state 
of Vermont, and have been arrested or charged with DUI or any crime, 
call Handy Law for aggressive and experienced legal defense.