Understanding Constructive Control
In New York, you can be charged with a DUI even if you weren’t driving. This concept, known as “constructive control,” involves being in a position to operate a vehicle while under the influence.
Examples of Constructive Control
Sitting in the Driver’s Seat: Even if the engine isn’t running, being in the driver’s seat with the keys in the ignition can lead to charges.
Sleeping in the Car: Attempting to “sleep it off” in your car may still result in a DUI if the prosecution argues you intended to drive.
How an Attorney Can Help
Challenge Intent: Your lawyer can argue that you had no intention to operate the vehicle.
Question Evidence: They can scrutinize the arresting officer’s observations and test results for inconsistencies.
Negotiate Charges: An experienced attorney may reduce or dismiss charges based on the specifics of your case.
Facing a DUI charge despite not driving? Contact Wellspring Defense Firm today. We’ll evaluate your case and create a defense strategy tailored to your situation. Call us now to schedule a consultation.
