Not all DUIs involve an initial stop on the road. For example, non-driving DUIs are alleged when police officers discover someone "sleeping it off" in a driveway, parking lot, or on a highway shoulder. While a decision to "sleep it off" is usually made with the best of intentions, it can lead to consequences every bit as severe as driving drunk on the road.
Instead of endangering others on the road, many people prudently make the choice to stay put in their cars. However, if the police discover you in the car, even if it isn't moving, you could be charged with a non-driving DUI.
Whether you were operating your car or using it to sober up or if you have multiple drunk driving convictions, a non-driving DUI is treated the same as any other drunk driving offense. Fines, possible jail time, and the loss of a driver's license are the consequences you face.
Defending Against Non-Driving DUI Charges
Some common defenses and strategies against non-driving DUI charges that can be employed:
- Challenging the Traffic Stop or Arrest: We may be able to challenge the legality of the initial traffic stop or the basis for your arrest. If the police had no valid reason to stop you or lacked probable cause to arrest you, it could weaken the prosecution's case.
- Questioning Field Sobriety Tests: Field sobriety tests are not always accurate, and various elements can affect your performance. We may challenge the administration and interpretation of these tests.
- Challenging Breath or Blood Test Results: We can question the accuracy and reliability of breath or blood test results. Issues like improperly calibrated breathalyzer machines or improper blood sample handling can be used as defenses.
- Demonstrating Medical or Health Conditions: If you have a medical condition or are taking medication that might mimic the effects of alcohol, we can present medical evidence to support your case.
- Establishing Lack of Control or Intent: In non-driving cases, we may argue that you were not in control of the vehicle or did not have the intent to operate it.
- Reviewing Chain of Custody: If blood was drawn for a test, we may review the chain of custody to ensure the sample was handled properly and that there was no risk of contamination.
- Negotiating Plea Bargains: In some instances, it may be beneficial to negotiate a plea bargain with the prosecution to reduce the charges or penalties, particularly if the evidence against you is strong.
- Alternative Sentencing and Rehabilitation Programs: If you have a substance abuse issue, we may work to secure alternative sentencing, such as participation in rehabilitation programs, in lieu of harsher penalties.
Why Hire Melowski & Singh
Like you, we have questions for DUI defense attorneys who "handle" DUI without driving cases:
- How many cases have you won?
- When was the last case you won?
- How many DUI victories have occurred in court?
- When was your last trial?
At Melowski & Singh, our achievements on behalf of our clients are based on avoiding DUI convictions or obtaining other exceptional resolutions. For us, success is based on charges being reduced, not pleading "guilty as charged."
Drunk driving defense attorney Dennis Melowski is the only attorney in the state recognized as a 10-time Wisconsin Super Lawyer by Law & Politics and Milwaukee Magazine in the field of DUI defense. Our attorneys have succeeded in having more than 1,000 drunk driving charges dismissed or reduced to non-alcohol-related charges, including more than 90 complete acquittals in jury trials.
Why would you want someone to simply "handle" your case when you can have someone bring actual success?