QUESTION
Can I be charged with a DUI if am not in the car where the car was park?
Asked on Feb 05th, 2013 on DUI/DWI - Michigan
More details to this question:
I was walking away from the car about 200 feet from the car. The police drove by they call me back they did not see me drive the car.
13 ANSWERS
Criminal Defense Attorney serving Brighton, MI
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The Law Office of Steven M. Dodge, PLLC
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Yes, you can be charged (and convicted) even if there is only circumstantial evidence that you were driving.
Answered on Feb 08th, 2013 at 3:03 PM
Michael J. Breczinski
Well they need to show that you were driving the car first. They can charge you but they will not be able to win at trial. Get a lawyer.
Answered on Feb 07th, 2013 at 3:12 PM
John J. Carney
The police can charge you if they have probable cause. They will usually try to get you to admit that you were driving. Most people are not smart enough to remain silent and they answer the officer's question. When he asks," Were you wearing your seat belt" they will say "yes" andhe will say, "OK, you were definitely wearing your seat belt when you were driving the car right?". And then they say "yes" again and now he has your admission that you were driving.
Answered on Feb 07th, 2013 at 3:11 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Yes, unless you can explain how the car got to where it was parked without you driving it.
Answered on Feb 07th, 2013 at 2:41 AM
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To convict you of a DUI, a prosecutor will need to prove that you had "actual physical control" of the car at some point while you were drunk. Someone will need to provide testimony that you were driving drunk. It doesn't necessarily have to be the police. If no one saw you, then you have a very good case and should fight it. In either case, hire a lawyer to help you with the case.
Answered on Feb 07th, 2013 at 2:41 AM
James Edward Smith
Yes if they have circumstantial evidence.
Answered on Feb 06th, 2013 at 11:42 PM
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They have to prove that you were driving the car. They can do that with a witness that says they can ID you as the driver or from your statements that you were driving. With out proof of driving, it will be hard to prove DUI. But, they can still charge you and you can force them to trial.
Answered on Feb 06th, 2013 at 8:59 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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An element of DUI is driving, if there is no witness to driving AND your car was lawfully parked you should have a solid defense. You should contact an attorney in your area to discuss the facts of your case, defenses and possible outcomes.
Answered on Feb 06th, 2013 at 8:07 PM
Geoffrey MacLaren Yaryan
The police do not have to see you drive. If the circumstantial evidence (proximity to car, no one else in the area, warm engine . . . etc.) proves you were the driver then you can be charged with a DUI.
Answered on Feb 06th, 2013 at 7:57 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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You can be charged the question is whether a jury would believe beyond a reasonable doubt that you were operating a motor vehicle. Sounds like a stretch.
Answered on Feb 06th, 2013 at 7:11 PM
Yes you can, via circumstantial evidence. Although the state's case is weaker, it won't matter if you have no lawyer and show up in court by yourself. And don't forget the DMV hearing, which you have only 10 days to request. Hire a DUI specialist before you make a wrong move.
Answered on Feb 06th, 2013 at 6:45 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You have a possible defense, hire an attorney. It will depend on the circumstances and what You said or another witness saw.
Answered on Feb 06th, 2013 at 6:21 PM
The prosecutor must prove beyond a reasonable doubt that you were intoxicated at the time you were operating the vehicle. If the officer did not see you driving, you have a case an attorney may be able to fight. There are many issues here such as why were you 200 feet away from your car, and will any witnesses claim that you were driving the car. Hire an attorney and you may be able to beat this charge or work out an excellent plea deal.
Answered on Feb 06th, 2013 at 6:14 PM