Eugene, OR asked in DUI / DWI for Oregon

Q: I was given a DUI, however I was not operating my vehicle. It was parked at a separate location. Is this lawful?

I was detained by multiple police officers on foot, at a separate location. It doesn't seem right that I could get a DUI when I wasn't even operating a vehicle and never admited to doing so under the influence

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1 Lawyer Answer
Mario F. Riquelme
Mario F. Riquelme
  • DUI & DWI Lawyer
  • Bend, OR
  • Licensed in Oregon

A: You can be "charged" with the crime of DUII regardless of whether at the time of the stop you were driving or not. Being charged with a crime,and being found guilty of a crime are two different things. Since driving is an element of the crime of DUII, you would likely have a very good defense at trial if the police are not able to prove you were driving on the date in question. I recommend consulting with a lawyer with ample experience in DUII law to guide you through the process.

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