Can You Be Charged with DUI if You Weren’t Driving at the Time of Arrest?

Facing a Hit and Run charge can be a confusing and stressful experience. You may be wondering what legal options are available to you, especially if you were arrested for DUI even though you weren’t the one driving at the time. The uncertainty surrounding this situation can make it feel overwhelming, but you don’t have to navigate these legal challenges alone. At Willis Law Firm, we understand that your case may be complicated, and we want to offer you the guidance and support you need during this difficult time. It’s important to know your rights, the possible charges, and how the law works in these situations.

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What Happens if You’re Arrested for DUI After a Hit and Run Incident?

When you are involved in a hit and run incident, the consequences can extend beyond the crash itself. If you leave the scene, law enforcement may assume that you were under the influence of alcohol or drugs when the accident occurred, which could lead to a DUI charge. Even if you weren’t driving at the time of the arrest, you could still face DUI charges, depending on the circumstances surrounding the situation.

The primary concern for law enforcement is determining whether you were impaired when the crash happened, regardless of whether you were behind the wheel when the officers arrived. In Georgia, law enforcement officers have broad discretion when it comes to making arrests and deciding whether you were driving under the influence. If the officers find enough evidence to suggest that you may have been intoxicated or impaired when the incident occurred, they can charge you with DUI.

It’s important to understand that even if you weren’t the one driving, if you were in or near the vehicle and law enforcement believes you were the driver earlier, they could still charge you with DUI. This is why it is so crucial to contact an experienced lawyer who can help you navigate the complexities of your case.

How Can You Be Charged with DUI if You Weren’t Driving?

In Georgia, DUI laws are primarily concerned with whether you were driving under the influence of alcohol or drugs, or if you were in physical control of a vehicle while impaired. Physical control doesn’t necessarily mean that you were actively driving. If you were behind the wheel, even if the car was not moving, you could still be considered in physical control of the vehicle.

The law also states that if you are found in or near a vehicle, and there’s reasonable evidence to suggest that you were driving it while impaired, you could be charged with DUI. This can happen even if the officers didn’t directly observe you driving. For example, if you were found passed out behind the wheel or in the driver’s seat of a parked car, the police could infer that you were the driver earlier.

Another key point is that the law doesn’t require officers to witness the actual moment of driving. Instead, they may gather evidence like witness statements, vehicle damage, or your behavior to determine that you were the driver. If there’s a reasonable belief that you were impaired while driving, this could lead to DUI charges, even if you weren’t driving at the time of your arrest.

Greg Willis has been successful at defending DUI cases (over 93% without a conviction)

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Received the Samurai Lawyer Award for having gone to jail for a total of 4 days in order to save his own client

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Received the vote of Georgia Lawyers as a Superlawyer in DUI Law for 10 straight consecutive years

 

What Evidence Could Lead to DUI Charges if You Weren’t Driving?

Several factors can contribute to a DUI charge even if you were not driving when arrested. One of the primary pieces of evidence in these cases is the observation of the officers. If they find you in or near your vehicle and you exhibit signs of being intoxicated, they may decide that you were driving under the influence before you were found.

Signs that police officers look for include slurred speech, the smell of alcohol or drugs on your breath, bloodshot eyes, and erratic behavior. If officers see these signs, they might conclude that you were driving while impaired, even if you weren’t actively behind the wheel when they arrived.

Greg has truly mastered his craft. His preparation is second to none and his confidence helps reduce the nervousness and anxiety his clients face. He is a real life version of Harvey Specter and I highly recommend him.”

- Travis

Greg and his team are absolutely incredible. Greg explained everything to me in detail, as this is the first ever time I have been arrested. Regular updates throughout the process which allowed me to get on with everyday life. 200% I would recommend Greg and his team to anyone with a DUI case."

- James Hellens

Mr Willis is the best in the business. He knows the law inside and out. I was in a serious jam and Greg got my dui reduced to a reckless driving. This man will fight for you every step of the way."

- Anonymous

Additionally, witness statements can play a significant role in these cases. If someone saw you driving the vehicle before the incident or noticed signs of impairment, their testimony could lead to a DUI charge. Vehicle damage is another important factor. If the crash was severe or there’s evidence that you were the one who caused the damage while driving under the influence, this could also contribute to a DUI charge.

Another type of evidence that could lead to DUI charges is video footage. If there is video from a traffic camera or nearby security cameras that shows your vehicle driving erratically or you acting impaired behind the wheel, it could serve as strong evidence for the prosecution. These pieces of evidence may seem small, but when combined, they could form a compelling case for DUI charges, even if you weren’t driving at the time of your arrest.

The Legal Defense for DUI Charges if You Weren’t Driving

If you find yourself facing a DUI charge despite not being the one driving at the time of your arrest, it’s important to understand that a solid defense is possible. A skilled attorney can examine the details of your case, including the evidence presented against you, and determine if any weaknesses exist in the prosecution’s argument.

One possible defense could be challenging the officers’ assumptions. For example, if there is no clear evidence that you were driving under the influence, your attorney might argue that the police made an assumption based on incomplete or inaccurate information. It’s important to note that DUI charges require clear evidence of impairment while driving, so if the evidence does not support this claim, your case could be dismissed or reduced.

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Another potential defense is challenging the officer’s decision to arrest you in the first place. In some cases, officers may make an arrest based on a misunderstanding or insufficient evidence. If the arrest was not legally justified, your attorney can work to have the charges dropped.

Additionally, your lawyer can examine other factors, such as witness statements, vehicle damage, and video footage, to assess whether they truly support the claim that you were driving under the influence. If any of these pieces of evidence are weak or unreliable, it could significantly improve your chances of a favorable outcome.

What Should You Do Next?

Facing a DUI charge after a hit and run can be overwhelming, especially if you weren’t driving at the time of your arrest. You may be confused about how the law applies to your situation and what steps you should take next. The most important thing to remember is that you don’t have to face this alone.

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At our firm, we understand how stressful and confusing this process can be, and we are here to guide you through it every step of the way. Our team of experienced lawyers will take the time to review the specifics of your case, provide you with a clear understanding of your options, and work tirelessly to help you get the best possible outcome. If you are facing DUI charges after a hit and run incident, don’t hesitate to reach out to us. We are committed to fighting for your rights and helping you navigate this challenging situation with confidence.

If you need assistance with your case or have questions about DUI charges, contact Willis Law Firm today. We are here to provide you with the support and legal representation you need to move forward. Let us help you get the successful result you deserve.