Looking at my 4th DUI charge - but I wasn't driving, can they charge me with DUI?

Asked almost 5 years ago - Seattle, WA

I was not driving and the vehicle was parked when the police "pulled" us over. I tried to explain to the officer that the other guy in the car was driving. They didn't question him or anything, that person had someone come pick him up right away. They didn't try to stop him or question him. They still arrested me, I refused breath tests and they got a court order to draw blood.

Attorney answers (3)

  1. Sharon Elizabeth Chirichillo


    Contributor Level 14

    Answered . What was the reason the officer gave to "pull" you over? Depending on where you were "parked"- If you were parked safely off the roadway, that can be a valid legal defense.

    There had to be an articulable reason for the officer to "stop" you. One charge that people can be accused is Physical Control, similar to DUI without the driving component.

    Another factor is what is the timeline of the 4th DUI? Is it within a seven year period or outside? Serious concern is that the officer did not question "the other guy." You will need to get his contact information in helping you with defending your case.

  2. Travis S Jones

    Contributor Level 14

    Answered . You can still be charged with being in physical control of a motor vehicle. This is almost the same charge as DUI except that instead of driving they have to show that you were able to drive the care if you wanted too. There is an affirmative defense that you were safely off the roadway prior to being contacted by police.

  3. Jonathan Burton Blecher


    Contributor Level 17

    Answered . Many juries can appreciate someone pulling off to the side of the road and not continuing on if they think they have had too much to drink.

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