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Can I Be Charged with Delaware DUI Even If I Wasn’t Driving?

Posted on : March 30, 2019, By:  Andrew Whitehead
Lawyer for DUI in Delaware

If you were not the one driving a vehicle, can you still be arrested for DUI in the State of Delaware?

Even if you are not actually operating a motor vehicle, the police can arrest you for driving under the influence. However, in order to succeed the DUI charge in Delaware, the prosecution must be able to prove that you were in physical and actual control of the vehicle. This can take numerous different forms, such as sitting in a driver’s seat with keys in the ignition while the engine was running.

Physical Control

This means that you are in actual and physical control of that vehicle. But if you were in the passenger seat and your purse was locked in the trunk and the car wasn’t even running, then can it be argued by the prosecution that you were in physical control?

If you had anything to drink, it’s a good idea to avoid being in possession of any car keys. This is because the police will not hesitate to arrest you for Delaware DUI and driving under the influence if the facts show that there is a likelihood that you were in physical and actual control of the vehicle while under the influence of drugs or alcohol.

What’s Next After a DUI Arrest in DE?

If you have already been arrested and charged with driving the influence in Delaware and this issue becomes of chief importance, you need to have an experienced attorney who is familiar with unpacking all of the evidence and determining the most appropriate way to defend your freedom and your future.

Guidance For Your Delaware DUI Charges

The support of a knowledgeable Delaware DUI lawyer can help to keep you out of jail and away from the negative consequences, such as higher insurance rates that can follow you for several years and fines. If you have questions about how best to protect yourself in a Delaware DUI case, schedule a consultation with an attorney who has a track record of successfully representing those accused.