Legal Question in DUI Law in Pennsylvania

Re: can i be arrested for dui without being in or near a vehicle?

This is the United States, so certain processes must be followed by the police. Remember, you are presumed innocent until proven guilty beyond a reasonable doubt, and you have a right to confront (cross examine) any alleged witness in open court.

That being said, anyone, anywhere, at any time can be arrested. While it is inconvenient, being arrested does not mean you will ultimately be found guilty. Don't leave it to chance....Hire a good (respected) criminal defense lawyer to fight this case. What county (and for that matter, in which District Justice's office) is the case going to be heard?? I practice in the five county region around Philadelphia, so I may have some additional insights if you get in touch.

Michael A. Berman, Esq.

Re: can i be arrested for dui without being in or near a vehicle?

You can certainly be arrested for virtually anything, but to convict for a DUI, the Commonwealth has to prove operation of the vehicle. You should give our offices a call as soon as possible to preserve your rights. We offer reasonable rates.

Re: can i be arrested for dui without being in or near a vehicle?

Yes. You can be arrested. I agree with the other answers but I wanted to respond to stress how important it is in this situation to have an attorney for the Preliminary Hearing. The police will have to produce the witness and the witness will be subject to cross-examination at the Preliminary Hearing. If the witness is lying it is not likely that they will be able to keep their story straight under cross-examination.