It’s not a typical DWI case, but a passenger DUI arrest can occur, especially in Montgomery County. The below Rockville passenger DUI arrest inquiry was recently posted to DUI Attorneys on Avvo.
Passenger DUI Arrest in Rockville, Maryland
After leaving a work party, my friend (designated driver) was driving us home. We stopped at a gas station, and he ran in to get a bottle of water while leaving the keys in the ignition. Seemingly out of the blue, an officer pulled up next to us, and the rest is history. Even after my friend ran out and told them he was driving (he showed them his registration, license, etc), the officer didn’t believe us. I refused to take any field sobriety tests but took one down at the station. I am a mess right now. I recently got accepted in to Dental School and do not want this on my record — I am terrified. What am I looking at? Is there any way to get passed this? Thank you!
This is a unique case in that a passenger of a car was arrested for DUI. It’s a common misconception that you cannot be arrested for DUI, if you aren’t actually driving your car. In fact, you can be arrested for driving under the influence of alcohol if the Montgomery County Police or Maryland State Troopers believe you are in actual physical control of your vehicle.
I have many Maryland DUI clients come to me who have been arrested after the police found them asleep or passed out in the driver’s seat of their car. This is a very common driving while impaired by alcohol scenario.
There is a famous Maryland case that outlines the factors that the court will consider to determine if you are in actual physical control of your car, it’s called State v. Atkinson. Some of the factors include: where you were found in the car, where the keys were located, where the car was positioned on the highway, etc.
In the passenger DUI arrest case submitted to Avvo referenced above, this individual needs an aggressive and experienced DUI Attorney to help get this case dismissed. The Montgomery County State’s Attorney’s Office treats DUI cases very seriously. A DUI Attorney could help this individual bring their witness to court and tell the prosecutor that this individual was not driving. It would be up to the Assistant State’s Attorney to determine whether or not they will dismiss the case after hearing from the witness and talking to their arresting police officer.
If Montgomery County State’s Attorney’s Office does not dismiss this passenger DUI arrest case, then this individual needs a lawyer that will take this passenger DUI arrest case to trial!
Contact Westminster DUI Attorney Ross W. Albers to schedule a free consultation
The Law Office of Ross W. Albers is located in Carroll County and represents clients throughout Maryland. DUI Attorney Ross W. Albers is a former Baltimore City DWI prosecutor and knows the State’s playbook and tactics. If you have been arrested for a DUI in Maryland, then contact the Law Office of Ross W. Albers to schedule a free consultation immediately.