Answer:
In West Virginia, I get the gamut of questions in 27 years in owning West Virginia’s only criminal defense firm that focuses on DUI defense. The short answer is yes, you absolutely can. The officer does not need to see you driving if he can establish that you just recently were and that you were under the influence.
In West Virginia, I get the gamut of questions in 27 years in owning West Virginia’s only criminal defense firm that focuses on DUI defense. One of them I’ll get is, “Can I get a DUI if I wasn’t even in my car?”
The short answer is yes, you absolutely can. The officer does not need to see you driving if he can establish that you just recently were and that you were under the influence.
You pulled over on the side of the road, and you decided you’re going to walk home, and he gets you a mile down the road walking home, and through facts and circumstances is able to credibly show you were intoxicated. We have no way to show that you stopped at any place and had additional alcohol.
The vehicle’s registered in your name. There’s no one else anywhere near the vicinity.
There’s all kinds of facts and circumstances that can go into it. It can be a viable defense, but a lot of times it is not.
My clients think just because they got out of the car, they took the key out of the ignition, or he