How is it possible that my brother was arrested for a OWI but wasn’t driving at the time of arrest?

Get Legal Help Today

 Secured with SHA-256 Encryption

How is it possible that my brother was arrested for a OWI but wasn’t driving at the time of arrest?

He was in the house.

Asked on June 28, 2013 under Criminal Law, Indiana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Do not assume that a person must be driving in order to be arrested and convicted of OWI/DUI/DWI. In many states, being stopped by police while driving is not a requirement for an arrest.

While in order for a DUI charge to stick, the state must establish that defendant had physical control of their vehicle. This, however, does not mean that they had to be driving. Most courts maintain that if reasonable evidence exists to show the defendant drove immediately before they were found by the police, then they can be arrested.

Several factors can contribute to proving that an individual had physical control of their vehicle (e.g. the car is running, they had their car keys in their hand, the engine was warm, etc.).

If a person was arrested for DUI while not driving and did not meet any of the foregoing criteria, an experienced DUI attorney may be able to convine a judge that the defendant did not have control of a vehicle. Additionally, if procedural requirements were not followed, legal counsel may be able to get the charges dismissed, reduced or even win an acquittal at trial.

Tricia Dwyer / Tricia Dwyer Esq & Associates PLLC

Answered 8 years ago | Contributor

Hello. There is a sort of evidence known as 'circumstantial evidence' which may be the type of proof that serves as the basis for your brother's arrest. Your brother is considered innocent unless and until proven guilty and the standard of proof is proof beyond a reasonable doubt. Your brother needs attorney representation (from an attorney licensed in the involved state). Some attorneys are available seven days for emergency legal needs. Many attorneys will confer initially at no charge. Then, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist you in limited scope manner to conserve legal costs. All the best.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption