DUI laws in Washington, DC, can be complex. For instance, you might think that you need to be caught driving to be charged with a DUI, but that’s not always the case. You could be charged with DUI if a police officer catches you parked and asleep behind the wheel after drinking.
If this is your situation, you need to contact an experienced DUI lawyer in DC to try to help you get the penalties reduced or even the charges dismissed. The aggressive defense attorneys at Bruckheim & Patel have decades of experience with the District’s DUI laws and court system.
Understanding DC DUI Laws and Driving Requirements
Washington, DC, prohibits operating a motor vehicle while under the influence of alcohol or drugs. The law applies to anyone found in physical or operational control of a motor vehicle while intoxicated.
Physical control usually means you have access to vehicle controls, such as sitting in the driver’s seat, having keys in the ignition, or sleeping in the driver’s seat with car keys in the ignition.
It doesn’t matter whether the engine is turned on or not. Provided you can quickly turn it on and drive, and your blood alcohol concentration is above the legal limit, you risk a DUI charge and, if convicted, face severe DC DUI Penalties.
Can You Be Arrested for DUI While Parked in DC?
Because you only need to be in physical control of a vehicle (being capable of driving or starting the car), you can be charged even when you’re parked.
The rationale behind having such strict drunk driving laws is to protect pedestrians from accidents caused by drunk driving. It also allows law enforcement to serve and protect pedestrians better.
For instance, when a police officer finds a car off the road or in a ditch with a drunk driver behind the wheel, they can charge the driver with DUI even if they didn’t see the car move. It makes perfect sense from the POV of law enforcement.
Potential Defenses for DUI Without Driving in DC
If you’re served with drunk driving charges but you were not actively driving, there may be potential defenses to challenge the case. Some common defenses could include:
- Proving No Physical Control
- Unlawful Arrest
- Rising BAC
How Bruckheim & Patel Can Help in DUI Cases Without Driving
When you’re charged with drunk driving, but you weren’t actually driving, our experienced team at Bruckheim & Patel can help. Working with our team, you benefit from:
Extensive Knowledge of DC DUI Laws
Our criminal defense attorneys possess a deep understanding of Washington DC DUI laws, including implied consent laws. We’ll carefully examine the laws that apply to your case and review all the legal options available to get you the best possible outcome for your case.
We Perform a Thorough Case Evaluation
Our DC DUI lawyers will review case evidence and the reason for the arrest to determine if your rights were violated. This helps us understand case specifics and find flaws or weak points in the prosecution’s case that we can use to our advantage.
We offer Solid Defense Strategies
Our legal team will help you present a solid defense based on the details of your drunk driving charges. Part of the defense includes questioning the actions of the arresting officer or challenging the blood alcohol level reading. Our goal is to have the charges reduced or the case dismissed altogether.
Aggressive Negotiation and Representation
We negotiate to reduce the charges or get your alternative sentencing. But if it progresses to trial, we will pursue aggressive representation to ensure a favorable outcome.
By partnering with Bruckheim & Patel, you’ll have a dedicated legal assistance team. Our drunk driving defense attorneys will even guide you in the process of getting a temporary driver’s license after your license suspension to help you get around for your daily routine.
Call Bruckheim & Patel for a Free Consultation on Your DUI Case
If you’ve been charged with driving while intoxicated in Washington, DC, and you weren’t actively driving, our team can help. We’ve helped clients avoid maximum penalties in the past, so you are assured we have relevant experience.
Whether you’re a first-time offender or it’s a subsequent criminal charge, we’ll handle it professionally to help you avoid severe penalties. Contact our team today for aggressive representation!