Can I be charged with a DUI in Delaware even if I wasn’t driving?

Even if you are not operating a motor vehicle, the police can arrest you for driving under the influence. However, to succeed the DUI charge in Delaware, the prosecution must be able to prove that you were in physical and actual control of the vehicle. This can take numerous forms, such as sitting in a driver’s seat with keys in the ignition while the engine is running.

Physical Control

This means that you are in actual and physical control of that vehicle. But if you were in the passenger seat, your purse was locked in the trunk, and the car wasn’t even running, then can the prosecution argue that you were in physical control?

If you have anything to drink, it’s a good idea to avoid having any car keys. This is because the police will not hesitate to arrest you for Delaware DUI and driving under the influence if the facts show that there is a likelihood that you were in physical and actual control of the vehicle while under the influence of drugs or alcohol.

What’s Next After a DUI Arrest in DE?

If you have already been arrested and charged with driving under the influence in Delaware and this issue becomes of chief importance, you need an experienced attorney who is familiar with unpacking all of the evidence and determining the most appropriate way to defend your freedom and your future.

Guidance For Your Delaware DUI Charges

A knowledgeable Delaware DUI lawyer’s support can help keep you out of jail and away from the negative consequences, such as higher insurance rates that can follow you for several years and fines. If you have questions about protecting yourself in a Delaware DUI case, schedule a consultation with Whitehead Law in Georgetown, DE, and/or Salisbury, MD.