If someone drives while under the influence, but they weren’t seen, have they broken a law? While many people believe it’s “out of sight, out of mind”, it’s possible to be arrested for DUI even if one isn’t behind the wheel. Here, readers can learn why this happens and how to avoid it.
The answer to the above question is maybe. Like other arrests, a DUI arrest requires probable cause, which can come if an officer sees someone swerving on the road. However, if a vehicle is stopped and the officer can deduce that the person was driving, they have probable cause as well.
How Can Someone Get a DUI if They Weren’t Driving?
It seems counterintuitive that a person can be arrested for DUI if they weren’t in the act of driving, but it’s possible. Police don’t know if the person was getting ready to drive, and to protect the public’s safety, the court may evaluate whether the defendant reasonably could have driven. It’s best to consult a DUI Lawyer in Cincinnati OH in these situations.
What Does “Reasonable Determination” Entail?
A court will usually evaluate all circumstances when determining whether a defendant was ready to operate a vehicle. If the car’s lights were on, the key was in the ignition and the parking brake was released it could indicate that the person was about to drive, and it would provide probable cause for a DUI charge.
Preventing DUI Charges
A person who consumes too much alcohol can take certain steps to avoid a DUI. These can include:
* Finding a designated driver to get them home safely
Not sleeping in the front seat. An intoxicated person can avoid a potential DUI by not being in the driver’s seat while intoxicated
Not looking ready to operate the vehicle. Be sure the lights and ignition are turned off and the keys are out of the person’s reach.
Should a Defendant Consult a Lawyer?
If a person is facing charges of driving under the influence, it’s important to hire a DUI Lawyer in Cincinnati OH. A defense attorney can help a client evaluate the evidence against them, determine whether breath, blood and field sobriety tests were correctly administered, and undermine the arresting officer’s assessment of probable cause. Visit Engelandmartin.com for more details.
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