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Can I Be Stopped for Delaware DUI if My Car Wasn’t Moving?

Posted on : August 1, 2018, By:  Andrew Whitehead

One of the most common questions presented to criminal defense attorneys has to do with the specific order of events that occurred following a DUI arrest. A person in Delaware can be stopped and arrested for driving under the influence or driving while intoxicated because some states use these terms interchangeably. The state of Delaware outlines that a person could be convicted of operating a vehicle without the vehicle ever actually being in motion.

If you assumed that you had to be operating the vehicle on a road at the time of a DUI accusal, you’re wrong. Make sure you know what can and cannot lead to a DUI because you’ll need to be prepared to respond with a strong defense if you have been accused.

This is a point of confusion and contention for many people accused of driving under the influence. The ability for the state to convict someone in a stopped vehicle relies on the fact that a person had the ability to move, park, or operate the vehicle at the time that he or she was under the influence. The courts have also held that behavior consistent with specific facts linked to a conviction of driving under the influence will be considered. It can be very confusing for a person who is arrested for driving under the influence to understand his or her rights and responsibilities. Small mistakes at the scene of the arrest could end up costing you and could require you to have many different questions and concerns, or make significant errors.

You deserve to have the support from a dedicated lawyer who understands common tactics in Delaware DUIs that could be used as defensive strategies in your case. It might be easier for you to overlook the facts of your arrest, but while these memories are fresh in your mind, you need to schedule a consultation with an experienced lawyer.