It may seem counterintuitive that one could be arrested for DUI if they were not driving, and most laws only mention driving while intoxicated. However, police can never be sure if someone intends to drive, and many courts evaluate whether the driver attempted to drive when deciding whether to prosecute.
For instance, if someone consumes too much alcohol and they sleep it off in their car, they can be arrested if a police officer wakes them to request a field sobriety test. This is allowed largely because an officer would reasonably suspect the person of driving as they were in control of the car. Here, the main issue is reasonably determining if one is planning to drive.
What Does the Phrase “Determine if a Person is About to Drive” Mean?
Courts typically examine a variety of circumstances when determining whether a DUI defendant was planning to drive. If the vehicle’s lights were on, the parking brake was released, and the key was turned, it’s indicative of a person’s plans to drive, and would be grounds for a DUI charge.
Can the Issuance of DUI Charges be Prevented?
Those who consume copious amounts of beer, wine or liquor can take steps to prevent the issuance of DUI charges before it becomes necessary to hire a DUI attorney in Williston ND area. Such steps include:
- Finding a DD (designated driver). The best way to prevent DUI charges is to have someone sober do the driving.
- Don’t “sleep it off” in the car’s front seat. A person under the influence can avoid potential DUI charges by not being in the vehicle while intoxicated.
- Don’t look prepared to drive. Be sure the lights and ignition are turned off.
Should a Person Accused of DUI Hire an Attorney?
If a person is facing DUI charges, the help of a DUI Attorney in Williston ND can prove invaluable. A local attorney can evaluate evidence against a client, and they can determine whether field sobriety testing was done correctly. If the suspect was parked at the time of apprehension, the DUI Attorney could try to undermine the arresting officer’s assessment of the situation.
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