If you were arrested for DUI but were not driving, you may be wondering if you can be charged with DUI at all and what your next move should be.
We hate to break it to you, but in some cases, you can indeed be arrested for DUI and charged even if you were not actually driving (but you’d have to be drunk for it). As with a regular DUI, in this case, too, you may face fines, license suspension, and even jail time.
You must not wait to seek the advice of an experienced criminal defense lawyer. Our Baton Rouge criminal defense attorneys can provide you with the legal guidance and representation you need to protect your rights and achieve the best possible outcome in your case. Please do not hesitate to contact us for a free consultation.
You Can Be Charged With DUI Without Driving
Yes, you can be charged with DUI (driving under influence) without driving. For instance, if you are found asleep or in physical control of a vehicle while under the influence, you can be charged with DUI.
The term “physical control” refers to situations in which a person can operate it, even if they are not driving it at the time. For example, if you’re sitting in the driver’s seat of a car with the keys in the ignition and the engine running, you could be charged with DUI even if you’re not driving.
The Implied Consent Law
In Louisiana, the Implied Consent Law applies to all drivers suspected of DUI. As a driver’s license holder, you are deemed to have consented to a breathalyzer test to determine your blood alcohol content (BAC) if you are arrested for DUI.
Generally, this occurs when an individual is pulled over or stopped by law enforcement. If you refuse to take a chemical test after being lawfully arrested for DUI, you may face additional penalties, such as automatic license suspension.
The length of the license suspension is determined by the number of prior DUI offenses, ranging from 180 days to several years. Depending on the circumstances, you could face up to six months in jail and a $1,000 fine if convicted.
While it is possible to be charged with DUI without driving, your case’s facts and circumstances will determine whether you are ultimately convicted.
Your best move is to get an attorney and discuss your case with them.
If you have been arrested or charged with DUI without driving, contact a Baton Rouge criminal defense lawyer right away. Depending on the facts of your case, your attorney may be able to get your charges reduced or dropped.
Your Baton Rouge criminal defense attorney will explain your options to you, answer any questions that you may have, and help you determine the best course of action for your situation.
What Happens If I Refuse the Breathalyzer Test?
When facing a potential DUI charge, you may be asked to take a breathalyzer test to determine your blood alcohol concentration (BAC).
Louisiana enforces an implied consent law, which means that all drivers have already given their consent to chemical testing if they are pulled over and suspected of driving under the influence. If you refuse to take the chemical test, you may be subject to additional penalties.
Depending on the circumstances of your case, you may face the following consequences for refusing a chemical test:
- An administrative license suspension of 1 year for a first-time offense
- An administrative license suspension of 2 years for a second offense
- A fine of up to $500
- Potential jail time of up to 6 months
- A requirement to attend an alcohol safety education program
- An Ignition Interlock Device (IID) installation for up to 2 years
Even if you feel that the police officer’s request is unreasonable (for instance if you were waiting for an Uber in the parking lot – i.e., you had no intention to drive), it’s best to cooperate. You can discuss whatever happened later on with your attorney.
Also, never try to resist arrest because that will only make things worse for you.
How Long Does a DUI Stay on Your Record?
If you are convicted of DUI, it will stay on your criminal record for the rest of your life. The consequences of a DUI conviction can be severe and long-lasting. This is why it’s important to contact a DUI attorney immediately if you have been charged.
A DUI conviction could potentially hinder your future employment prospects and other opportunities, so it is important to take immediate action to fight the charges.
Your attorney may get the charges dropped or reduced, helping you minimize (or avoid) the long-term repercussions of a DUI conviction.
An experienced lawyer will also help you understand all of your options for defending yourself against a DUI charge and will work tirelessly to protect your rights and interests throughout the entire legal process.
Schedule a Free Consultation With a Seasoned Baton Rouge Criminal Defense Attorney
If you are facing charges for DUI, you must speak to a qualified criminal defense lawyer in Baton Rouge as soon as possible. Our attorneys can give you the solid representation you need to protect your rights and minimize the consequences of a DUI charge.
We offer free consultations to people facing DUI charges in Baton Rouge. During this initial consultation, you can discuss your case with a knowledgeable criminal defense lawyer and gain an understanding of the legal process and your options.
Our team will listen to your story, answer your questions, and explain your rights and responsibilities to you. We are dedicated to providing aggressive representation and helping our clients obtain the best possible outcome for their cases.
If you’re facing DUI charges in Baton Rouge, contact us without delay to safeguard your rights and avoid making any mistakes that may affect the outcome of your case. We are ready to fight for you and ensure that your rights are protected throughout the process.
Call us now to discuss your case!