Do They Really Keep Your Car If You Get A Dui

Can You Be Charged with DUI without Driving

Driving under the influence (DUI) is a crime punishable past law. In 2022 alone, over one million people were arrested for driving under the influence, as stated past the Centers for Disease Control and Prevention (CDC). However, this does not mean that people charged with a DUI must have been driving at the time. Did you know y'all can be charged with DUI without driving?

You lot Can Get Charged with a DUI Even if You Are Sleeping in Your Car

According to the New York Department of Motor Vehicles, a blood alcohol content (BAC) of 0.05 percent is deemed legal evidence that a driver is impaired, and a BAC of 0.08 pct or higher is considered intoxication.

Drivers who get caught operating a vehicle with a BAC of 0.08 percent or higher may be charged with a DUI and face legal punishment. To avoid being charged with a DUI, you lot might be inclined to avert driving and sleep off the alcohol in your vehicle instead. However, this conclusion may also go you into trouble.

To get charged with a DUI, you only have to appear as though y'all intend to drive. Past sleeping in the driver'due south seat with your automobile keys nearby or in the ignition, you might appear every bit if you intended or were planning to bulldoze merely fell comatose at the bike. If y'all need to slumber in your vehicle while intoxicated, information technology is all-time if you sleep abroad from the commuter'southward seat, such as in the backseat. You should too continue your keys out of reach.

You Tin can Get Charged with a DUI for Being Intoxicated While Standing Outside of the Vehicle

If you are standing outside a vehicle while intoxicated, you may appear as though you are about to get in and drive. You could be given a DUI fifty-fifty if you have no intention of driving. This is peculiarly true if you have the car keys in your hands.

If a police officeholder drives past and sees you near your car, clearly intoxicated, they may fence they had reasonable grounds to arrest you for DUI, according to the New York Vehicle & Traffic Police (VAT) § 1194. With keys in your hand, you might await like you were driving while intoxicated or intended on doing so earlier the officer arrived.

Possession of Auto Keys

When yous are in possession of car keys, a police officer can presume that yous may accept been driving while under the influence of booze or drugs, or a combination of both. Whether yous were driving or not, you lot can be charged with DUI if constitute intoxicated well-nigh your vehicle. If you have auto keys in your hand or evidence of booze or drug consumption in your vehicle, an officer may argue they had reasonable cause to believe you were driving while intoxicated even if they did not see you lot driving.

Witnesses Saw Yous Driving

Many road users may be able to call back an incident where they saw someone swerving on the route while driving. Some people choose to written report this beliefs, claiming the driver appears to be driving nether the influence. They may written report the license plate number to practise so, and the police may show upwardly at the vehicle owner's home and abort the commuter based on the witness statement.

If yous were charged with a DUI because of a witness statement, you might accept to defend your case. Y'all may be able to defend yourself by:

Proving you were non the person driving
Proving you were non intoxicated while driving
Providing a witness who knows you lot were not driving intoxicated

How to Avert Getting Charged with DUI

You can avoid getting charged with a DUI by not driving nether the influence. However, you now know you tin nevertheless become charged with DUI without driving. In that case, how can you lot avoid being charged with a DUI if you are not planning on driving?

Have Someone Else Walk to Your Vehicle

Suppose you forgot something in your auto or demand to go to your car for whatsoever reason while intoxicated, take a sober friend walk with you and carry the keys. You lot can also enquire if they can grab something from your motorcar for you.

Unlock Your Automobile from a Distance

If you are lone, you tin can choose to unlock your car from a distance and leave your keys behind as you walk to your vehicle. If a law officer saw yous walking to the car while intoxicated, y'all tin can show you do not fifty-fifty have the car keys on y'all.

Sleep in the Backseat

Every bit previously stated, you should sleep in the backseat of a vehicle if y'all must sleep in a vehicle. If the backseat is not an option, sleep in the passenger seat. Make sure the keys are not in the ignition. Place them in the glovebox or out of reach. Besides, make certain yous practise not accept any open up containers in your vehicle that would signal yous were driving and drinking.

Let Morelli Police force Firm Defend Yous

Getting charged with a DUI can be extremely frustrating, peculiarly if you had no intention of driving under the influence. You tin can fight these charges, and a lawyer tin can help.

Morelli Police Firm tin help you lot by proving yous had no intention of driving. We can observe evidence to support yous against these charges. Phone call (212) 751-9800 today to schedule your free consultation. Let united states walk you through what options are available to you.