Most people think that the only time you can get a DUI is when you are sitting behind the wheel. However, this is not true. Police officers can still charge you with driving under the influence if you are outside of your car.
They do not need to see you driving your car in order to charge you with a DUI. In fact, they can convict you of a DWI if the evidence they have collected shows that you were driving your car while under the influence of alcohol or drugs even though when they caught you, you were outside of your car.
For instance, you are at gas station and a police officer spots you, suspecting that you are drunk. They will charge you with a DUI, as you will be sitting behind the wheel to drive your car.
What Ways Can the Police Officer Charge You with a DUI?
One of the easiest ways for the prosecutor to convict you of a DUI is through circumstantial evidence. For instance, someone like another driver tips the police officers of a person driving under the influence of alcohol of drugs.
They will provide the police officer with your car’s license plate number along with a description of your car. However, by that time, you may not be in your car. The police if they spot your car parked outside somewhere and it matches the description of the caller will still charge you with a DUI.
The circumstantial evidence in this case would be that your car’s engine is still warm is making sounds to cool down. In addition to this, there could be solid evidence against you such as testimony from a witness who saw you driving while intoxicated or from traffic cameras. When the police officers convict you of a DUI, you need to hire a professional and experienced DWI attorney to defend you in court.
How Do DUI Attorneys Defend Someone Charged with DWI When Not Sitting in the Car?
If the police did not see you physically driving your car, an experienced DUI lawyer may be able to help you avoid a DUI conviction. Some of the defenses your DWI attorney may use include:
·Questioning the credibility of the eye-witness — Your DUI attorney will attempt to show the court that the eye-witness may not have clearly seen you driving your car or their account of you driving recklessly is not true.
·You were not driving under the influence of alcohol or drugs — Your DUI lawyer may provide the court with evidence that you were not driving under the influence, as evidence that you were seen driving the car is not enough to convict a person of DUI. However, a prosecutor may also try to prove that while you driving the car, you were under the influence. However, this is not easy to prove if the police were not able to administer tests around the time they allegedly charged you with DWI.
If you require a credible DUI lawyer by your side, you need to get in touch with us now.
