Do you think it’s possible to get a DUI when you aren’t even driving? Let me put out a factual circumstance and you tell me what you think. Let’s say you’re out on the town, having a great time. You have a few drinks and eventually decide it’s time to head home. On the way home you get tired and decide that instead of trying to make it home you’re just going to pull over and take a nap. So you do. Next thing you know a cop is tapping on your window and you’re charged with DUI. What gives?
If you find yourself in that circumstance, you better get yourself a DUI lawyer on the phone because you’ve got a fight on your hands. How do I know this? I’m a Seattle DUI attorney and I’ve seen this exact thing happen several times. How is that possible? I’m about to tell you.
First, there is the idea that driving while intoxicated is illegal. Second, there is the idea that it’s pretty hard for you to get out on the road, even if stopped, unless you drove there. And finally, there is the idea (a cop idea, no doubt) that if you are drunk in the car now, you must have been drunk in the car when you were driving. Sure, it’s defensible, but it is possible.
And, by the way, if you don’t get charged with DUI, they can charge you with physical control of a vehicle while under the influence of alcohol. That is basically what the above situation describes (and the penalties are the same). So either way you are fighting for everything you’ve got.
In the end, the best way to avoid a DUI or physical control charge is to not drink and drive. The second best way is to know what your rights are before you get in trouble by talking to someone like me, a Seattle DUI attorney. And the third best way is to just keep your mouth shut.