Charged With a DUI in Utah When Not Actually Driving
When someone in Utah is charged with driving under the influence of alcohol or drugs, that person was actually driving in most cases. It may seem strange but under Utah DUI laws a person does not need to be driving in order to drive under the influence. It goes against the common use of the term but Utah criminal defense attorneys represent individuals in Utah charged with a DUI when they were really only UI.
Situations of UI Turning into DUI in Utah
For example, a man was found in his truck asleep behind the wheel while the truck was parked on the side of the road. A passing vehicle found the position of the truck suspicious and reported it to the police. When an officer woke up the suspect in the truck there was evidence of beer bottles in the truck and alcohol on his breath. The man claimed the truck’s battery had died when his wife had been driving and that he was waiting in the truck while she went to get another vehicle to tow the truck. The truck was not running but the keys were in the ignition suggesting that the presumably intoxicated man was a potential driver.
In a similar case a man had been kicked out of his house for a night by his wife and was found in his car watching a movie and drinking. The keys were in the ignition and the car was turned on so that the roof-mounted DVD player could work. The suspect was in the back seat of the car watching a movie and drinking but the car was running suggesting that this suspect was also a potential threat to the roads due to his being under the influence of alcohol.
Find Out if You were Incorrectly Charged with a DUI
Both these cases argue whether these suspects were only passive occupants of a vehicle or a potential driver. Neither one of these suspects was caught in the actual act of driving a vehicle while under the influence, but they could both be charged with a DUI in Utah. In these, and similar situations it is important to have an attorney on your side to plea your case in order to minimize and/or dismiss such unjust charges. Attorneys at Salcido Law Firm have experience in cases where the suspect has been unjustly accused and charged. Let a Utah Defender help protect your rights, call 801.618.1334 to schedule a free consultation with one of our experienced attorneys.
