Can you be arrested for a DUI after you’re already done driving?

| Sep 25, 2020 | Uncategorized |

When you think of someone getting a DUI, it’s normally when they’re pulled over. They might have been weaving in the roadway or moving too quickly or slowly. Then, the police stop them and realize that they’re impaired. 

Did you know that DUI charges can happen after the fact as well? For example, if you drive to a bar in the city and an officer sees you pull into the parking space abruptly or in a dangerous way, they may stop you as you exit your vehicle. If the officer suspects that you are impaired, then they could ask you to take a Breathalyzer test. Even though you’re no longer driving at that point, the officer knew that you were driving just before the stop and may have a good reason for issuing a DUI.

The police do have to prove that you were under the influence while driving. In other words, if an officer suspects you were driving while intoxicated and they follow you into a bar and find you already drinking, it may be hard for them to prove that you were intoxicated before you got there. They still can get a Breathalyzer or blood test, but making their case would be more difficult.

A DUI after the fact is more difficult to prove in most cases, which works in your favor. You can challenge DUI charges by showing that you weren’t driving or that you weren’t under the influence. Your attorney will help you build a defensive case if you’re accused after you already exited your vehicle. There are several different defenses that may work for you, so let your attorney know all the specifics of the stop.