Can you arrest someone for DUI even if you didn't see them in actual control?

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Hey guys, Anthony Bandiero Here, attorney, Senior Legal instructor for blue to gold law enforcement training, bringing the roadside chat from a cop. In Utah, the cop asked me something that's actually a base in statutory law, but has a search and seizure component. The officer says, Can you arrest someone for DUI? If you did not see them in actual physical control of the vehicle? Alright.

So the answer is it depends on your state law, because DUI statutes come in two flavors, what are both? What are they have both. One is that the statute requires that the person be driving at the time of contact, or, and or they be in actual physical control, which is where you can prove circumstantially that they were driving the vehicle previously. ...