Can you be convicted of a DUI if you’re not driving?

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Can you be convicted of a DUI if you’re not driving?

Asked on February 5, 2013 under Criminal Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the evidence shows that you had been driving while impaired, then you can be convicted, even if you were not driving at the moment the police found you. For example: you are obviously intoxicated and are found parked by the side of the road, nowhere near your house. Unless there was a second person who had been driving, the evidence would support the conclusion that you had been driving drunk, to have gotten your car to the location where it and you were found.


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