QUESTION

Can I be charged with DUI if I was not driving or in possession of the keys during time of arrest?

Asked on May 17th, 2017 on DUI/DWI - California
More details to this question:
I had pulled over to have a friend drive the car home. I was completely out of the vehicle; I did not have possession of the keys. I was standing beside the car. My friend did not have anything to drink. My friend was preparing to drive home but 5 minutes later an officer pulls over to our parked. The officer did not witness me driving the car. The officer approached me and asked if I had alcohol. Booked me and put me in jail.
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2 ANSWERS

Bankruptcy Attorney serving Irvine, CA at Chambers Law Firm, P.C.
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Sounds like you might have a good defense.
Answered on Aug 06th, 2017 at 8:44 PM

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Yes, via circumstantial evidence that you must have driven just prior to the officer contact. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Aug 06th, 2017 at 8:41 PM

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