QUESTION
Can I be charged with misdemeanor DUI if I wasn’t driving? What can I expect?
Asked on Jun 12th, 2013 on DUI/DWI - California
More details to this question:
I was in California (riverside county) when my car overheated. I pulled off the highway into the dirt to let it cool. After turning off the car, I took the keys out of the ignition and put them in my cup holder. After that, I climbed into the back seat where there was shade. Oh, and I had put on my flashers for safety's sake. Ten minutes later an officer pulled over and came to my back window. Being suspicious, he had me step out. I guess I failed the eye test. I was then tested at the jail. I was never seen driving. They told me my car was being impounded and I told them someone was already coming out to get me (my stepfather was going to drive out since my car wasn’t running. I gave him my location). Also, I don't live in California.
2 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Unless you have a viable explanation of how you and your car got to the side of the road, you can be charged.
Answered on Jun 14th, 2013 at 6:21 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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If you were alone in the car and the motor was still hot it is circumstantial evidence that you drove the car there. If no alcohol in the car circumstantial evidence that you were under the influence while driving. If this was a city versus country area there could be an issue of whether someone else drove the car to where it was found, but your statement that your step-father was coming to get you sounds like you called him to come because your car overheated and no one else involved. The jury would decide what to believe.
Answered on Jun 12th, 2013 at 1:40 PM