Forest Lake, MN asked in Criminal Law, DUI / DWI, Appeals / Appellate Law and Constitutional Law for Minnesota

Q: Can I be arrested for DUI,if I wasn't driving? And I didn't get pulled over by a cop,they came 1/2 hour later

1 Lawyer Answer
Thomas C Gallagher
Thomas C Gallagher
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: I have seen many cases where a person was arrested for DUI even though the police officer did not observe driving. And I've won many of those cases after working hard on motions to dismiss and rescind. The two most common scenarios are (1) a person suspected to have been driving a disabled vehicle; and (2) a person in their home who police suspect of recent driving.

Jonathan Matthew Holson agrees with this answer

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