If you were to head out and drive your vehicle after having a few beers at the bar, there is a good chance you are going to be charged with DWI. But, what happens when you get into your car after a few drinks but never drive? Here, experienced lawyer Thomas A. Corletta, Attorney at Law in Rochester, NY, explains an attempted DUI charge and what you can do to avoid it.

Put simply, the key is the word “operation”. In New York, the crime of DWI has 2 elements: 1.) “operating” a motor vehicle; and 2.) while intoxicated. Therefore, engaging the machinery of the vehicle in any way; even getting into the car and putting the keys in the ignition while intoxicated can result in your being charged with DWI, even if you never intended to drive. The issue of your intent is to be determined by a Judge or jury.

Being charged with an attempted DUI is serious and carries a lot of fines and the possibility of going to jail. However, it is up to the prosecution to prove you intended to drive drunk. Because of this burden of proof, by hiring a lawyer with experience in the field, you can prove your innocence and demonstrate you had no such intention. When you have a DWI attorney fighting for your rights and giving you legal advice, there is a better chance you can walk away without a criminal record.

Of course, the best way to avoid being charged with an attempted DUI is to have a friend or family member drive you around if you plan on drinking. That way, you cannot be accused of anything because you weren’t the one behind the wheel. A designated driver will save you a lot of time and hassle.

Don’t get stuck pleading to an attempted DUI. Turn to a lawyer you can trust in your time of need. Thomas A. Corletta, Attorney at Law has over 35 years of experience handling cases just like yours. Visit him online or call (585) 546-5072 for a consultation.