Drunk but Not Driving DUI Arrest
We’ve mentioned many times that you can get a DUI offense in vehicles other than cars. This includes drunk driving of snow mobiles, scooters, riding lawnmowers, etc.
But, could face a DUI arrest even if you aren’t driving.
How’s that? The Connecticut Supreme Court recently ruled in the case of a man who started his car in a parking lot, sat in the driver’s seat while drunk but did not drive anywhere.
The court ruled that merely starting a vehicle is considered operating a vehicle. So the DUI conviction, which a lower court had overturned, was reinstated.
There are other examples in the DUI world of people being arrested even though they weren’t “driving” at the time. There are cases where a drunk driver got on the road, realized he was drunk and pulled over to rest or “sleep it off.” In these cases, you may be arrested for DUI even if you aren’t “driving” when police arrive.
3 Responses so far
The First DUI Blog
March 24th, 2009
6:13 pm
I’ve heard of people getting a DUI just sitting in the drivers seat with their keys in the ignition, without the car on. I guess they claim that the person’s intention was to start the car if the keys are in the ignition.
DUI Attorney
April 27th, 2009
3:23 pm
Being arrested for drunk driving is a serious offense that can have different consequences for each individual depending upon the particulars of the case. It is imperative that anyone facing such a charge understand what challenges they will encounter.
Lee
January 26th, 2010
9:18 pm
Even non-motorized vehicles like bicycles and kick scooters can lead to DUI arrests. I also heard a guy got a DUI in the PASSENGER seat of a car because he grabbed ahold of the steering wheel while the driver took a bite of his hamburger. So they let the driver go with a ticket but arrested his passenger for DUI because he was drunk and technically was operating the vehicle when he grabbed the wheel. Strange huh?
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