DUI Question of the Day: I was sitting in my car vomiting when I was approached by the police and subsequently arrested for a DC DUI. Is That Legal?

  • K. Lawson Wellington,
  •   DC DUI Attorney
  •   Comments Off on DUI Question of the Day: I was sitting in my car vomiting when I was approached by the police and subsequently arrested for a DC DUI. Is That Legal?
Yes; unfortunately, though it would depend on where you were in the car. In DC you cannot be behind the wheels of a car if you had previously consumed alcohol. The DUI laws in the District of Columbia states a person is “impaired, or influenced, if his/her ability to operate or be inPHYSICAL control of a vehicle is affected, due to consumption of alcohol, drugs, and/or a combination thereof, in a way that can beperceived or noticed.” If you were sitting behind the wheels WITH THE KEYS IN THE IGNITION* while vomiting then you would have been “in physical control’ of the vehicle. There will be a question as to whether your intention was to drive, but that would be an issue for a judge to decide. An officer is going to make a DUI arrest under those circumstances. The same would apply if you had the car on for heat, had the radio playing and/or listening to music or charging your cell phone or waiting for someone to return who had simply run inside on some sort of quick errand.
*An officer may even arrest you if you are in the driver’s seat with the keys in your pocket. He is not likely to arrest for DUI if you are seated on the passenger seat.
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It is important to contact a Washington, DC #DUI defense attorney if you are facing drunk-driving charges in the District of Columbia. A DUI matter can have potential devastating consequences and a skilled #DCDUIdefenselawyer can make all the difference. If you, or someone you know, need legal assistance with this or a similar matter, call and ask to speak to one of our experienced DC DUI trial lawyers today: 202.486.1186.

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