Can I Be Arrested for Attempted Drunk Driving?

Attempted drunk driving may apply in circumstances where the defendant is observed behind the wheel of a vehicle, but no actual movement of the vehicle is witnessed. Prosecutors regularly file DUI charges in these cases on the assumption that they can prove drunk driving by circumstantial evidence.

It should be noted that if the defendant claims that no actual driving occurred or the consumption of alcohol was in the vehicle after arriving at the location of the parked vehicle, this is a defense to DUI and the case should be tried before a jury if the prosecutor is unwilling to dismiss the case. However, in circumstances where the defendant drove to the location after consuming alcohol and was seen by the police or a witness stationary in his vehicle, a plea to attempted drunk driving may be considered in order to avoid the mandatory penalties associated with DUI including jail time, license suspensions, and alcohol programs. In addition, a conviction of attempted drunk driving would not be a prior DUI in the event of any future prosecutions.