DWI in a Non-Moving Vehicle

Can I Receive a DWI in a Non-Moving Vehicle?

Check out the following educational legal video about receiving a DWI in a non-moving vehicle by Daniel J. Chiacchia, an experienced Hamburg DWI Attorney.

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There have been occasions when we have heard clients say, “Hey, listen. I was just sitting in my car and I got arrested. The car wasn’t running; I was just sitting there. Can I be charged with DWI?” Yeah, you can. If independent witnesses say “I just saw this guy driving down the street. He was all over the roadway,” there’s a chance that an officer who arrives within a reasonable time after that complaint is filed and finds you sitting in your car can still charge you with driving while intoxicated.

On the other hand, it’s not illegal for a person to say to himself, “I’ve had too much to drink,” and go out and sit in their car – even if their car is running – and fall asleep for awhile. That person may be trying to do the right thing. That doesn’t mean you’re driving while intoxicated. We’ve been successful in getting such cases dismissed. The officer may say, “Hey, you were driving,” to which the accused person replies, “No, I wasn’t. I was out there trying to rest and not do the bad thing. I was going to do the right thing and sleep it off.” In those circumstances, you may be acquitted of the charges; however, just because your car isn’t moving, and just because it’s not running, doesn’t mean that you can’t be charged.

Have you been arrested for DWI in a non-moving vehicle? It’s important to retain an experienced Hamburg DWI Attorney as soon as possible to help protect your freedom and minimize your consequences. Contact Chiacchia & Fleming, LLP to schedule a free confidential consultation today.

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