Many still assume that to be charged with DUI (Driving under the Influence), one must be driving a vehicle or specifically behind the steering wheel and on the road. While this is a major factor for someone to be penalized as DUI has the word driving, you do not necessarily need to be operating the vehicle to be exonerated. Learn how DUI without driving is possible by reading the article.
What does actual physical control of a vehicle means?
According to Nevada Revised Statutes or NRS section 484C.109, to be in actual physical control of a vehicle, the person must be in the driver’s seat with the engine running, and navigating a road or place that has the public has access to. Of course, if these elements are not present, one cannot be considered driving in Nevada: you could only be responsible for DUI if you are driving or had driven. This means that sleeping or staying inside a car while intoxicated means there is no DUI being committed as long as the vehicle is not running.
How could you get DUI without driving?
People pulled over and eventually charged with DUI in Las Vegas are usually found with a BAC or blood alcohol concentration level of 0.08. Aside from this factor, the supposed driver sitting in the car seat, the car engine running, and the car not parked lawfully are some other precursors to an arrest. Even if the vehicle is not moving, a police officer could still perform sobriety tests and follow up with certain legal procedures.
Know that you could also be arrested for DUI after the fact. You might think that this would not happen especially if you are already at home and your car is parked safely somewhere but there are instances where the police might have spotted you and were actively searching for you. While hard to prove, the law enforcement has certain measures that they could use to pinpoint you as someone who had violated DUI laws. For example, they could come into your house to perform a Breathalyzer test.
What are the penalties of DUI in Nevada?
If you are convicted of DUI even without driving, you will still get the standard penalties. What waits for you for a first offense is a misdemeanor which includes up to six months in jail and fines that range from $400 to $1,000. Expect that your driver’s license to also be suspended for at least 185 days.
If you ran away from a checkpoint in fear of being arrested for DUI in Las Vegas, the consequences will be harsher. A gross misdemeanor shall be imposed which entails a year in prison and a fine of $2,000.
While it is not truly unlawful to turn away from a DUI checkpoint, it can be a matter of law if you do it by provoking a violent chase and hurting people in the process.
What are the available defenses for DUI in Nevada?
The argument of DUI without driving is also something of a defense that you could take advantage of. With strong proof, you could claim that you were merely sleeping inside the vehicle and that the vehicle you were in is not running in any way. If there is evidence of the vehicle running along the roads, you could argue that someone else drove for you.
Of course, you should also remember the primary defenses such as there is no DUI committed or that you were unlawfully stopped by the police officer.
DUI in Las Vegas and Nevada removes the privilege of driving which is especially important for many people. If you believe that you are falsely accused of DUI without driving and you want to keep your driving privileges, get the aid of a Las Vegas DUI attorney now!