Can You Get a DUI When Your Not Driving in Arizona?
Some people think that they can’t be arrested for DUI if they aren’t driving the car when the cops stop them. In fact, some drivers will pull into a parking lot and take the keys out of the car to avoid a DUI arrest. Unfortunately, in Arizona, the cops can still arrest you for DUI even if you’re not driving. All they have to show is that you have control of the vehicle at the time of your arrest. Your Arizona criminal defense lawyer knows that this is the case. However, they can look to see if there are other ways to poke holes in the State’s case.
What if You’re Asleep When They Pull You Over?
If the cops stop you and you’re asleep in your car, they can still arrest you for DUI. Years ago, when people had too much to drink, they’d pull to the side of the road and sleep it off. When they woke up, they’d drive home. However, the cops can’t trust that you won’t drive while you’re still drunk or high. If they pull you over and you’re asleep, they can still charge you with DUI. If you have control of the vehicle, then you’re subject to be arrested for DUI. Your Arizona criminal defense lawyer can argue that you weren’t in control of the vehicle if you were asleep. How, this argument doesn’t always go over all that well in court. It may be better to negotiate a plea deal with the prosecutor.
The Police Have a Duty to Protect Other Motorists
The main goal of the police in Arizona is to protect the safety of their citizens. If they think somebody is too drunk to drive, they’re going to make sure they don’t get behind the wheel. If they stop or approach a vehicle and suspect the driver is under the influence of drugs or alcohol, they have a duty to intervene. They need to make sure you’re not in a position to hurt yourself or anybody else.
Just because you’re not technically driving when the cops approach you doesn’t mean you don’t intend to drive. After all, you got there somehow. If you’re drunk when the cops interview you, then you must have been drunk when you drove to this location. The cops have every right to think that you’re going to drive again soon. If you’re not able to safely operate a car, the cops will arrest you for DUI.
Contact an Experienced Arizona Criminal Defense Lawyer Today
If you get arrested for DUI, whether you’re driving or not, you need help. You’ll be facing some pretty serious consequences. One way to improve your chances of having the charges reduced is to have an experienced Arizona criminal defense lawyer by your side. They’ll try to poke holes in the prosecutor’s case. They’ll also work hard to get your charges reduced or dismissed.
You’re going to have to attend your first hearing in a matter of days. This is where you’ll have to let the judge know if you’re going to plead guilty or not guilty. You want to make sure you have a skilled criminal attorney by your side for this hearing. What you do here can change the course of your case. Call our office and set up a time to meet with one of our experienced Arizona criminal defense lawyers today.