DUI Arrest When You're Not Driving

By:

We often hear of DUI arrests that occur when the suspect is not actually driving a car. These arrests are sometimes logical, such as after the vehicle has struck an object and come to a stop, the driver is passed out behind the wheel while at a stop or has taken off on foot after a crash.

In other cases, it's a bit more bizarre.

DUI Arrest by Proxy

In Tennessee, two adults and two children were in a vehicle reportedly driven by a 10-year old child at speeds of up to 90 miles per hour. The child crashed the van and it overturned. One of the adults in the vehicle, Randy Lewis, was charged with his third Tennessee DUI as a result of the accident.

DUI Dine and Dash

An Oklahoma man with a head injury was arrested for DUI while having a meal at a Waffle House restaurant. Police say the man crashed his truck into a tractor-trailer on the interstate, bounced off and hit the center wall and kept right on going. Hey, when you need a waffle, you need a waffle. After receiving medical treatment, the man was arrested for Oklahoma DUI.

DUI Arrest Lessons

Daniel Winsky was arrested for DUI in Salem, Massachusetts after the driving instructor allegedly gave driving lessons to two students while his blood alcohol content (BAC) was approximately three times the legal limit. Police pulled over the student driver and questioned Winsky, who reportedly denied that he had been drinking. The smell of alcohol and glassy eyes gave it away though, and after failing a field sobriety test, he was arrested for Massachusetts DUI.

Drunk Pushing

Two women in Indiana were arrested for DUI after pushing a stalled vehicle, causing it to crash into a parked car. Both women reportedly had BACs of more than twice the legal limit. They were taking turns pushing and steering the vehicle, which apparently constitutes operating a motor vehicle in Indiana.

Can You Really Be Convicted of DUI if You Were Not Driving?

While DUI is the acronym for “Driving Under the Influence,” the truth is a person does not actually have to be driving to be arrested and convicted of DUI. In some states, the intent to operate a motor vehicle is enough to secure a conviction. Intent to operate a motor vehicle can mean sitting in the driver’s seat, putting the keys in the ignition or giving any other indication that you intend to take control of a vehicle.

DUI Conviction Upheld By State Supreme Court

Michael Cyr of Andover, Connecticut was arrested for DUI in Feb. 2005 while sitting in his car in a parking lot. Cyr started his car remotely and was sitting behind the wheel when police discovered and arrested him.

The Hartford Courant reports the Connecticut Supreme Court has ruled 5-0 that Cyr's actions constituted the first steps in the operation of a motor vehicle and upheld the conviction. The ruling directs the state Appellate Court, which had overturned Cyr's conviction, to reinstate it.


» Back to DUI Articles

PAID ATTORNEY ADVERTISEMENT: THIS WEB SITE IS A GROUP ADVERTISEMENT AND THE PARTICIPATING ATTORNEYS ARE INCLUDED BECAUSE THEY PAY AN ADVERTISING FEE. It is not a lawyer referral service or prepaid legal services plan. Total DUI is not a law firm.  Your request for contact will be forwarded to the local lawyer who has paid to advertise in the ZIP code you provide. Total DUI does not endorse or recommend any lawyer or law firm who participates in the network nor does it analyze a person's legal situation when determining which participating lawyers receive a person's inquiry. It does not make any representation and has not made any judgment as to the qualifications, expertise or credentials of any participating lawyer. The information contained herein is not legal advice. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. Any information you submit to Total DUI does not create an attorney-client relationship and may not be protected by attorney-client privilege. Do not use the form to submit confidential, time-sensitive, or privileged information. All photos are of models and do not depict clients. All case evaluations are performed by participating attorneys. An attorney responsible for the content of this Site is Kevin W. Chern, Esq., licensed in Illinois with offices at 25 East Washington, Suite 400, Chicago, Illinois 60602. To see the attorney in your area who is responsible for this advertisement, please click here or call 866-200-8052.

FLORIDA ONLY: Total DUI is considered a lawyer referral service in the state of Florida under the Florida Rules of Professional Conduct. By all other standards, Total DUI is a group advertisement and not a lawyer referral service.

If you live in Mississippi, Missouri, New York or Wyoming, please click here for additional information.