Can a police arrest you for DUI, if you’re not behind the wheel of a car?
The computer on the car shut down. Nothing working. Officer stop for assistance, he was not behind the wheel at the time. He smell beer on breathe. Arrested. Is this a legal arrest. ...
The computer on the car shut down. Nothing working. Officer stop for assistance, he was not behind the wheel at the time. He smell beer on breathe. Arrested. Is this a legal arrest.
Possibly, you need more information. Such as, did the officer ask what was going on? And then the suspect informed the officer that he was driving the car when the computer quit and the car shut off? If so, then that is an admission of driving. The smell of the beer and the admission of driving is enough.
Yes. The car had to have got to its current location somehow. And if there was only one person around it kind of narrows it down who was driving it. It’s called "reasonable suspicion" and the cop was well within his right to make the arrest.
You didn’t say what state or country you’re in so it’s not possible to address your question based on the laws that would be applicable.
That said, it’s entirely possible this is a legal arrest. Hard to say without knowing the full set of circumstances but these kinds of arrests take place all the time and are quite legal.
If he admitted he had been driving before the shut down, yes, it is.
Yes, if there is sufficient circumstantial evidence to suggest he might have been driving while intoxicated, then yes the arrest is warranted. If he had access to alcohol after his car quit, it becomes difficult to prove intoxication while driving in court though.
Where were the keys, In the ignition !
were you the only one there at
the time , this would give the officer
a reason to believe you were driving the vehicle
even if you were not in the car
DUI – Driving under the influence.
if they have substantial evidence that you were/are then yes.