Many assume that a person must be driving a moving vehicle in order to be arrested. However, there are cases where a person is charged with a DUI even when the arresting officer did not witness the person driving.
Take for example, the case of State v. Robinson, 2001-Ohio-1394. “Upon arrival, the Deputy found the Defendant in a vehicle that was pulled into a parking space in an apartment parking lot. The officers did not observe any driving by the Defendant.”
In this case, the defendant was involved in a single-car accident, admitted to consuming alcohol, failed the field sobriety test and told the officers that she needed to pick up her child at daycare.
While the arresting officers did not observe any driving of the vehicle, the arrest and DUI charges ensued.
Falling asleep in the drivers seat, sitting in a parked car, pulling over to the side of the road, and even changing a tire are all examples of various situations that could potentially lead to a DUI arrest. In each of these instances, the arresting officer determines that the driver had in fact operated the vehicle, or had every intention of driving the car.
If you ever have a question about your rights and obligations in a DUi case, call our 24/7 hotline at 800-529-1966.