Non-Moving Violations Can Lead to DUI Arrest

Can I be Arrested for DUI if I Wasn’t Driving?

Most people are under the impression that the only way they can actually be charged with DUI—Driving Under the Influence—is to actually be driving. You may be surprised—or even shocked—to find that is not actually the case.

Suppose you leave a party and realize you may have had one too many drinks to get behind the wheel. So, you decide to do the responsible thing, put your car seat back and prepare to sleep it off. The next thing you know, a police officer is knocking on your window.

At this point, you are still not all that concerned, because, after all, you are not driving. As you are being handcuffed and hauled away to jail, charged with a DUI, facing fines, probation, a license suspension and even jail time, you are probably still in shock, wondering how on earth this could be happening.

As it turns out, it must only be shown that you were in control of the vehicle—that is, you could have driven if you had chosen to do so—and that you were over the legal limit, and you will be facing a charge of Physical Control.

If you contact an experienced Seattle DUI attorney immediately, he or she may be able to show that your vehicle was parked safely, off the roadway, prior to being observed by the police officer, or that your vehicle was not in a readily operable condition. Physical control is a less-frequent charge, yet carries the same penalties as DUI.

Other Non-Moving Violations Which Lead to a DUI Arrest

You may also believe that you can only be pulled over for a moving violation prior to being charged with a DUI. After all, the manner in which police officers typically identify impaired drivers is by looking for those driving significantly over or under the speed limit, those who failed to stop at stop signs, or those who were swerving in and out of traffic.

It may surprise you yet again to find that you can be pulled over for a non-moving violation, which, in turn, results in a DUI arrest. Examples of these non-moving violations include:

• Illegally tinted windows
• Parking illegally
• Having a broken tail light or headlight
• No valid license plate
• Throwing trash from your vehicle
• Failing to wear a seatbelt
• Having an expired registration

This means that even if there was absolutely no reason to think you might have been driving under the influence, once a police officer stops you for a non-moving violation in the state of Washington, they may then search for signs of impairment (red eyes, loud or slurred speech, an odor of alcohol).

Penalties for DUI in the State of Washington

If convicted of DUI in the state of Washington, you could face the following penalties:

• If you refuse a chemical test, you could face a one-year license suspension.
• If you are convicted of a first-offense DUI, you will be required to have an ignition interlock device installed on your vehicle for a year.
• You could face from one to 364 days in jail, 15 days of electronic home monitoring, or 90 days in a 24/7 Sobriety Program.
• You could pay from $550 to $5,200 in fines and fees.
• You could face a 90-day license suspension.
• You could be required to participate in a substance abuse treatment program.
• If you had a passenger in the vehicle who was under the age of 16 at the time of your arrest, the judge must impose an additional day in jail and increase your fines and fees.

As you can see, a DUI conviction has extremely serious, far-reaching consequences. Having an experienced attorney on your side can significantly decrease these consequences.

Have you or someone you love been arrested and charged with a DUI? Contact the Experienced Criminal Defense Lawyers at Baker, Lewis, Schwisow & Laws

The expert defense team at Baker, Lewis, Schwisow & Laws, PLLC vigorously defend the rights of individuals facing a multitude of charges in Seattle, Bellevue, and Kirkland. Contact us today at 206.209.0608 or fill out our online contact form to get more information or to get a free case review!