A Nevada DUI charge is only applicable if you are driving under the influence. Meaning, you must be driving the vehicle to be charged with Driving Under the Influence (DUI). A DUI charge does not apply to you if you were merely sitting in a vehicle while under the influence.
In court or jury trial, the prosecutor must prove beyond reasonable doubt that you weren’t just under the influence but that you were also driving a motor vehicle for the DUI charge to be applicable to you.
The ‘no driving’ defense is, therefore, a common way to assert your innocence. It’s usually applicable and effective in two situations:
- When you are found sitting in your car while intoxicated, if it is parked.
- Law enforcement responds to an incident, but you are not behind the wheel.
A DUI conviction can result in penalties from fines to jail time, so it’s important that you raise a legal defense if you face any charges.
If you are facing a DUI charge and were not actually driving the vehicle, read below to learn about possible defenses and penalties. What is the ‘No Driving’ Defense?
In the context of DUI, the ‘no driving’ defense is that someone else was driving the car.
This can include that although you were in the vehicle you were only there to warm up, take a nap, or make a phone call.
How Do DUI Defense Attorneys Prove ‘No Driving’?
For the charge to result in a conviction, the prosecutor must remove all reasonable doubt around the fact that you were driving the vehicle.
To prove a ‘no driving’ defense, a defense attorney will cast reasonable doubt on the case.
They could do this by:
- Using inconsistent testimonies by witnesses to show that traffic camera photos prove that you weren’t behind the wheel
- Use witnesses that support your version of the events.
- For example, if you had told a friend that you were simply going to your car to lie down, this would work out in your favor.
How Prosecutors Can Prove That You Were Driving If You Weren’t Seen by The Police
Prosecutors don’t need police testimony that you were driving to charge you for a DUI. If you admit that you were driving, or if there are witnesses or photos of you driving, they can charge you with DUI.
Prosecutors can also use circumstantial evidence to prove you were driving. For example, if you were trying to put your keys in the ignition, or if your car was in a location where ‘simply parking’ is not the logical assumption.
For Additional Help, Contact Us!
If you have been charged with DUI and want to defend using the ‘no driving’ defense, you can contact us and let our attorneys provide you with the best care and defense for your case.