Can You Get a DUI Even When You’re In The Car But Not Driving?

Interviewer: What about a situation where someone maybe has had several drinks, is feeling intoxicated, but pulls over to the side of the road and sets their keys somewhere or is not driving? Could they still be arrested for DUI?

Michael Kramer: The question is whether a police officer can establish circumstantially that you operated your vehicle while under the influence. If you are found in a vehicle impaired, on the side of a highway, the natural inference if that you must have driven there in an impaired condition. However, if you are discovered in you parked car in a commercial or residential neighborhood near a bar or restaurant, and you explain that you never drove impaired but got in your car to sleep it off after you left the bar/restaurant, you may be home free if the police officer believes you.

Interviewer: After being arrested how long would their license be valid?

Michael Kramer: Until the first court appearance.

Interviewer: What if someone had had their license revoked for a year, they start driving again, and the same situation happens again?

Michael Kramer: During that year period?

Interviewer: No, after the year period would a previous refusal be taken into consideration?

Michael Kramer: According to the new DMV guidelines for restoring the use of a license, it would be taken into consideration. Plus, the refusal would be considered another alcohol related incident, so the individual would have three alcohol related incidents which would result in a revocation for up to five years. Every time you commit another violation of the law that’s alcohol related, the punishment goes up.

Interviewer: Do police officers utilize cameras prior to issuing Miranda rights?

Michael Kramer: In Westchester County, they do not.