Can I be arrested for DUI if I am not driving?


Salt Lake City DUI Attorney Video #13:

Can I be arrested for DUI if I am not driving?

In this video, Attorney Matthew Nebeker, a DUI Defense Lawyer in Salt Lake City, discusses if you can be arrested for DUI if you are not driving.

What does it mean to be in actual physical control of the vehicle when it comes to DUI and DUI defense? Well actual physical control of the vehicle, there is some grey area in the law. There is some case law that helps us define what that means.
But what I see a lot of times happening in my practice, is a married couple, for instance, they’ll have an argument. They’ll be at their house, they’ll have been drinking, having a few drinks at their home. They might get in an argument later on in the evening. So to cool down, which is a good thing to do, one of them will go out into their car. They’ll turn on the ignition and they’ll play some music while they’re calming down.
This one case that I had, the guy turned his music a little too loud so his neighbor called the police on him. The police come, pull up. He’s in his car, he’s got the ignition on, and the radio is going. The officer — after his investigation — arrests him for DUI.

Another case that I had that I see quite commonly is people will be in their cars, they will have had a few drinks. They will come to realize “I shouldn’t be driving” so they will immediately pull over somewhere.
We had one case where it was a young lady. She knew she shouldn’t have been on the road. Once she got on the road and was driving she knew she shouldn’t have been on the road. So she goes and pulls into a store, parks the vehicle, and lies down on the seat to get some rest and to sober up, to get right. She didn’t have anyone to call.
So she’s lying there. The officers see her car and they go and — in this particular case — they considered that a suspicious vehicle. The business was closed. These officers in these smaller communities get to know the businesses and what cars are around, so this was something he considered a suspicious vehicle.
He went and investigated and he found this young lady lying down on her seat. The keys were in the ignition because she was running the car to keep warm, this happened to be in the winter months, and he arrested her to DUI. Because, once again, she was in actual physical control of the vehicle because she was behind the wheel, keys in the ignition of the car.

If you’ve been charged with a DUI, time is of the essence. You need to call an attorney who is experienced, who’s been through what you’re going through, and that person is me — Matt Nebeker, Mr. DUI.

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Attorney Matthew L. Nebeker provides strong and aggressive legal representation for DUI cases in Salt Lake

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