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Can I be charged with DUI if I was not driving at the time of arrest?

a year ago
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Yes, it is possible to be charged with DUI (Driving Under the Influence) even if you were not driving at the time of arrest. In many jurisdictions, the offense of DUI extends beyond just operating a vehicle, and can include being in physical control of a vehicle while under the influence of alcohol or drugs.


The concept of being in "physical control" of a vehicle can vary depending on the jurisdiction, but it generally refers to situations where a person has the capability to operate the vehicle, even if they are not actively driving it. For example, if you are found intoxicated and sitting in the driver's seat of a parked car with the keys in the ignition, you may be considered to be in physical control of the vehicle.


One reason for this broader definition of DUI is to deter individuals from potentially endangering themselves or others by attempting to drive while under the influence. By including physical control within the scope of DUI laws, authorities can take preventive action against intoxicated individuals who may pose a risk if they were to start driving.


It's important to note that the specific laws and definitions regarding DUI can vary from jurisdiction to jurisdiction. Therefore, it is crucial to consult the laws of your particular jurisdiction or seek legal advice if you find yourself in a situation where you were charged with DUI despite not actively driving.


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