Identifying the Driver in a Frederick County DUI Case

Most drunk driving cases are fairly cut-and-dry. A person can be arrested if they are found to be driving a vehicle while under the influence of alcohol above the legal limit. However, there may be some gray area over what is considered “driving.” Sometimes a person can be legally driving or operating a vehicle even if it is not moving. Identifying the driver during a DUI case in Frederick County could be more complicated than it initially appears. Therefore, a person should consider calling a diligent DUI attorney who could help them avoid a drunk driving charge, or defend against one that has already been made against them.

What Does “Driving” Mean under Frederick County DUI Law?

Under Frederick County DUI laws, a person does not have to be moving a vehicle down the road in order to be considered the driver or operator. What matters is whether someone is “in control” of the vehicle. A person can get a DUI for merely sitting in the driver’s seat of a car in their driveway with the engine turned on. In that circumstance, they are deemed to be in control, just like a person pulled over by the side of the road.

Even when the car is off, if the keys are in the ignition, that is enough to be considered in control. A person could easily start driving the vehicle, so that is deemed to be “driving” for the purposes of a DUI.

Charging Someone in the Passenger Seat

If the intoxicated person is sitting in the passenger seat, and nobody else is around, the officer can charge that person because it is more likely than not that they were the person who was driving. The problem comes with proving the case. Being charged and being convicted are two separate events. If the officers cannot firmly establish who the driver was, then the defendant has a good chance of being found not guilty. An attorney could help determine whether or not the defendant was the driver in a local DUI case.

Where Do Arrests Occur when the Driver is Questionable?

It is extremely rare for someone to be arrested for a DUI in their driveway. These incidents most often happen on the side of the road. Someone in the passenger seat may be throwing up because they are feeling too drunk to drive and want to sleep it off, or they might be passed out at a red light with their foot on the brake. These are much more dangerous scenarios and will attract an officer’s attention.

Law enforcement officers often patrol parking lots near bars or restaurants during prime night hours, especially on Friday nights, Saturday nights, and Saturday and Sunday mornings. If they suspect someone might be drunk, they will typically follow that driver until he or she commits a driving infraction, thereby providing pretext to test for intoxication.

Contesting a DUI Charge

The prosecution only has to prove that the defendant was in control of the motor vehicle while they were drunk. There are several ways that can be challenged, but if somebody is found passed out while waiting at a stop sign, that will be a losing battle for the defense. If somebody has pulled over on the side of the road and is found in a passenger seat, there are variables in play that can challenge the idea of that person being in control of the vehicle, even if the car is on and there is nobody else around.

If somebody is in the driver’s seat, the vehicle is off, and the keys are not in the ignition, a Frederick County defense attorney could argue that that person was not in control of the car.

An Attorney Could Help You Identify the Driver in a Frederick County DUI Case

There are several ways in which a person could be charged for driving under the influence that are not immediately obvious. On the other hand, there may be potential defenses against the charge that a local lawyer could help develop. If you need help determining if you were legally a driver in a DUI case in Frederick County, place a call now to receive a free consultation with a legal professional.