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Legal Question: Can You Be Charged with a DUI if You Weren’t Driving?

I’m looking at my 4th DUI charge, but I wasn’t driving. Can they still charge me with DUI? 

Short answer: yes. If the police say they observed the car commit a traffic infraction, that they saw you get out of the driver’s seat, and that you showed some sign of being intoxicated, that would likely be enough for a prosecutor to charge you with DUI.

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