Marcilliat & Mills PLLC
  • Home
  • About
    • About Us
    • Meet the Team
    • Blog
    • Video Library
    • Our Accolades
  • Practice Areas
    • Criminal Defense
    • Federal Criminal Defense
    • Child Pornography
    • Drug Trafficking
    • Medicaid Provider Fraud
    • Sex Crimes
    • White Collar Crimes
    • View All+
  • Case Results
  • Reviews
  • Serving
    • All of North Carolina
    • Raleigh
    • Wilmington
    • Charlotte
    • Asheboro
    • Brunswick County
    • Cary
    • Chapel Hill
    • Clayton
    • Cumberland County
    • Durham
    • Duplin County
    • Fayetteville
    • Hoke County
    • Gaston County
    • Gastonia
    • Granville County
    • Greensboro
    • Laurinburg
    • Lee County
    • Leland
    • Mint Hill
    • Moore County
    • Nash County
    • Selma
    • Scotland County
    • Smithfield
    • Randolph County
    • Rockingham County
    • Vance County
    • Wilson
  • Contact
  • En Español
Free Consultation
Phone (919) 838-6643

NORTH CAROLINA CRIMINAL DEFENSE ATTORNEYS A TRACK RECORD YOU CAN TRUST

SCHEDULE A FREE CONSULTATION

What if police arrest me for drunk driving but I wasn’t driving?

June 22, 2018 | Drunk Driving

Imagine the following circumstance: You go out to a bar on a Saturday night — and although you’re slightly embarrassed to admit it — you had an unusually good time. You also drank far too much alcohol and paid for it the next day with a pounding headache. The worst part about it, though, is that you woke up in a jail cell the following day because police arrested and accused you of drunk driving.

In any other circumstance, considering how drunk you were, a drunk driving arrest would make sense. However, in this case, you never got behind the wheel after drinking — not even for a second. Here’s how your story went down:

  1. After your fifth drink, you realized you were far too drunk to get yourself home, so you talked to a sober friend — the designated driver for the night — who agreed to take you home in your car.
  2. On the drive home, your sober friend accidentally got into a minor accident with the neighbor’s mailbox. It was his fault, and he readily admitted it, but as the two of you were out of the car inspecting the damage to the mailbox, a police officer showed up.
  3. Since you were both out of the car — and since the car belonged to you — the officers wrongly assumed that you must have been driving. Your state of extreme drunkenness led to your immediate arrest.

In many cases, people who experience a false drunk driving arrest can use witnesses — such as the actual driver of the car — to help them clarify their situation with the court. If something like this has happened to you, understand your criminal defense options and protect your legal rights.

SCHEDULE YOUR

FREE CONSULTATION

This field is for validation purposes and should be left unchanged.
All Fields Required *

Recent Articles

  • What’s the Difference Between Medicaid and Medicare Fraud?
  • Different Types of Bail Bonds in North Carolina
  • Should You Turn Yourself In to the Police in North Carolina?
  • What Is the Difference Between Being Detained and Arrested in North Carolina?
  • How Do I Beat a Simple Assault Charge in North Carolina?

Categories

  • Criminal Defense
  • Criminal Justice
  • Domestic Violence
  • Drug Crimes
  • Drunk Driving
  • Federal Crimes
  • Firm News
  • Internet Sex Crimes
  • Medicaid Fraud
  • Murder
  • Safety Tips
  • Sex Crimes
  • Social Justice
  • Weapons Charges
  • White Collar Crimes

Archives

  • 2026
  • 2025
  • 2024
  • 2022
  • 2021
  • 2020
  • 2019
  • 2018
  • 2017
  • 2016
  • 2015
  • 2014
  • 2013
  • 2012
  • 2011
  • 2010

SCHEDULE YOUR

FREE CONSULTATION

All Fields Required*
This field is for validation purposes and should be left unchanged.

A TRACK RECORD YOU CAN TRUST
Phone (919) 838-6643
Office Location
WILMINGTON
272 N. Front Street,
Suite 330,
Wilmington, NC 28401
Get Directions
RALEIGH
19 W. Hargett Street,
Suite 700,
Raleigh, NC 27601
Get Directions
CHARLOTTE
112 S Tryon St,
Suite 500,
Charlotte, NC 28202
Get Directions
Phone (919) 838-6643
Office Location
WILMINGTON
272 N. Front Street,
Suite 330,
Wilmington, NC 28401
Get Directions
RALEIGH
19 W. Hargett Street,
Suite 700,
Raleigh, NC 27601
Get Directions
CHARLOTTE
112 S Tryon St,
Suite 500,
Charlotte, NC 28202
Get Directions

Copyright © 2026, Marcilliat & Mills PLLC|
All rights reserved |

  • Privacy Policy
  • Disclaimer