DUI Definition of Driving in Summerville

In some states, a driving under the influence (DUI) charge can arise from simply operating a vehicle and not necessarily driving. For Summerville DUI cases, state law requires the actual driving of a motor vehicle, which is a stricter definition than just operating. To be defined as driving a vehicle, a person has to have had the vehicle in motion at the time in question. Starting the engine, turning on the radio, and other such actions do not constitute driving under state law.

If you have been charged with a DUI even though you were not actively drinking and driving at the time of the incident, reach out to an experienced DUI lawyer as soon as possible. An attorney who understands the DUI definition of driving in Summerville could assess your case and build a defense on your behalf.

Evidence Used to Prove Driving

Typically, in a DUI case, the arresting officer’s camera is filming the incident. This footage will generally clarify who is getting out of the driver’s seat when the officer pulls them out to do the field sobriety test.

However, there are laws in Summerville that allow a prosecutor to use circumstantial evidence if they do not have direct evidence. In this case, the direct evidence is the videotape. A prosecutor could use circumstantial evidence, or surrounding evidence, to determine that someone was driving under the influence in the absence of video footage. An example of circumstantial evidence is the presence of open containers in the vehicle.

Challenging Evidence

An attorney could challenge the prosecution in several ways. Proving that someone else was driving the vehicle or that the driver became intoxicated after driving the vehicle are two defenses that a lawyer could use to contest a charge. Every case is different, so a Summerville attorney could determine the best DUI defense for an individual based on the facts of their case.

Unique DUI Situations

There are some situations where a person may be unsure if their DUI charge was wrongfully brought upon them. Arrests when it was not obvious who the driver was and when someone was not on a main road are two instances where the case process could be confusing.

Unclear Driving Delegations

A passenger could be charged with a DUI if the other person tells police that the passenger was driving. This could occur if there was an accident and all of the parties left the vehicle before the police arrived, and no witnesses saw who was driving. An attorney could help fight the use of circumstantial evidence in this scenario.

Arrests Off of Main Roads

State statutes do not require someone to be driving on a road to be arrested for a DUI. Fields, private property, parking lots, are all places where someone could be charged. Given the large number of rural areas and private property in Summerville, these arrests can happen quite often. It is not uncommon for officers to patrol areas near bars and other side streets to look for indicators of someone driving under the influence.

Summerville’s DUI definition of driving can be tricky, and individuals may find themselves facing charges that they do not understand. It is always in a person’s best interests to consult a knowledgeable attorney in the area as soon as possible after a DUI arrest. A lawyer could explain the nature of someone’s charges to them and begin the legal process of constructing a defense.

Reach Out Today for More Information on Summerville’s DUI Definition of Driving

No matter the charges you are facing, you deserve to have someone in your corner fighting for your rights. If you are facing accusations of driving under the influence, you may feel lost and confused about the proper steps to take, especially if you believe that these charges were brought upon you wrongfully.

A seasoned local attorney could act as your legal advocate, assessing your case and fighting tirelessly to defend you. To learn more about the DUI definition of driving in Summerville and what a lawyer could do for you, call our office today.