Top 100 Trial Lawyers
Top 40 Under 40
AV Preeminent
The National Trial Lawyers
Top Once Percent
Best DWI Attorney 2017
10 Best Law Firm

Can I get a DWI if I Wasn't Driving?

Posted by Tilem & Associates, PC || 9-Nov-2016

Holiday weekends are often when most the people are arrested for DWI. Maybe you decided to celebrate the long weekend with some coworkers over happy hour. After knocking a couple drinks back, and noshing on some bar bites, you say goodbye. You get in your car, drive for a bit and then pull over because you realize you are too intoxicated to drive safely. After falling asleep in your vehicle, you are startled by a police officer knocking on your window and before you know it, you are handcuffed and in the back of the squad car, arrested for DWI.

How is this possible, you were not driving at the time the police found you!

In New York, you can be arrested and charged with DWI, even if you were not operating the vehicle at the time of the arrest. This is due to what is referred to by law enforcement as probable cause. Probable cause means that even though police never saw you driving the car, they can deduce that you were driving the car at some point while you were intoxicated.

Examples of probable cause:

  • Your headlights were on
  • The hood of your vehicle is still warm
  • The keys were in the ignition
  • The car had to have been driven to get to your location

If you plan to drink, make sure you plan a safe trip home. Use public transportation, rideshare apps, cabs or call a friend or family member to pick you up. It might be inconvenient, but nothing is more inconvenient than being arrested and charged with DWI.

If you were arrested for DWI, contact Tilem & Associates, PC to speak to a skilled White Plains DWI attorney.

Client Reviews
"Thank you again for discussing my case with today. I can not stress enough how impressed I am with your services as an attorney. You have gone above and beyond the call of duty to attempt to help me. Thank you again and best wishes." Rob
"I am writing to send you my heartfelt thanks for your work on my father’s case. You are a wonderful attorney. I was very impressed by you from our first meeting. I am so grateful we were referred to you." Joanna
"I wanted to first say thank you for everything you have done for me in the last several months. You made this very difficult ordeal in my life less stressful and easier to bear. I am grateful for having you as my attorney and I truly feel that you helped me above my expectations. I appreciate everything." W.S.