Driving under the influence of alcohol in DC is a serious offense.  Driving into the Anacostia River, well that's something entirely different.

That's allegedly what happened a couple of days ago.  WUSA9 covered the story.

https://www.wusa9.com/article/news/local/dc/woman-charged-with-dui-after-crashing-into-anacostia-river/65-6f4fed5b-cde0-4ec0-93cc-0995eb10d731

If you've ready some of our BEST DUI DEFENSE blogs before, we hope you got some information to think about in determining how you can best posture your defenses.  If you haven't (yet), look around and read up.  And call us.

But back to the article.

Here's something that really stands out about the article:  the alleged drunk driver was standing outside of her car when the police arrived.    If you're wondering if there's a winning defense to this case, ask yourself this:

HOW CAN THE GOVERNMENT PROVE BEYOND A REASONABLE DOUBT THAT THE ARRESTED PERSON WAS ACTUALLY DRIVING?

It goes without saying:  one of the best DUI defenses is "I wasn't driving."

Now before you think that just saying you weren't driving is going to win your case, keep in mind a few things.  This defense might not be so hot if the police pulled you over.  MPD has body cams.  They'll show the video of walking up to your car with you in it.  And sleeping in the car can be a tricky "I wasn't driving" defense, too.   If you're in the driver's seat, the the DC Court of Appeals has spoken on that here.

But if you're not in your car, even if it is your car, does that mean the Metropolitan Police Department can prove you were actually driving?  

Give us a call to find out more if you find yourself in this situation.  Or any DUI situation.  We'd be happy to hear from you.