As experienced Rochester DWI lawyers, we have seen people arrested for drinking and driving under a variety of circumstances.

In a “typical” DWI case, the police officer will have observed the defendant driving before making a decision to pull the car over.

There are cases, however, where the police officer will not have observed the defendant driving but still has enough evidence to make an arrest.

This has even happened in cases where there are no witnesses who can confirm that the defendant actually drove the car.

When making an arrest and pursuing a conviction for drinking and driving, the police are allowed to rely on circumstantial evidence to support the charge.

Where a defendant was not actually seen driving, this includes evaluating such issues as where the car was found, how it may have gotten there, whether anyone else could have been driving it, and whether the defendant – if showing evidence of intoxication – could have consumed alcohol since the vehicle was last moved.

Obviously, it is much more difficult for law enforcement to proceed with a case where the person arrested for DWI was never actually seen driving.

Such cases, however, do occasionally result in the defendant being convicted of a drinking and driving offense.

An example of a situation where the police may be able to successfully pursue a DWI charge would be when a car belonging to the defendant is found in the ditch of a rural road, the intoxicated defendant is the only person nearby, and there are no other factors – such as slippery roads – that would account for the erratic driving.

If you have been arrested for drinking and driving, please feel free to call us for a legal consultation at 585-484-7432.