QUESTION
Can I get a DUI if I was standing away from the car and the key was not in the ignition and the engine was not on?
Asked on Oct 01st, 2013 on DUI/DWI - Utah
More details to this question:
I was driving on my way home, as I was driving, an animal suddenly ran across from my car and I lost control of the car and swerved into someone's property and hit their fence and car. I got out of the car and knocked on the owner's house to tell them I hit their car. I stand there until the police arrive. Can they give me DUI because I was in the car and the engine was not on and the key was in my pocket?
8 ANSWERS
Bankruptcy Attorney serving Irvine, CA
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Chambers Law Firm, P.C.
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Maybe but you might have a good defense to the case. Contact a DUI attorney ASAP.
Answered on Oct 08th, 2013 at 3:05 AM
Michael J. Breczinski
Well you admitted that you had driven the car to the owner of the property.
Answered on Oct 07th, 2013 at 5:37 AM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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In California, they need to know when you were driving to prove that you were under the influence at the TIME of driving. It seems like, since no one saw the accident there is no way to tell how long before the accident you waited to go to the house.
Answered on Oct 04th, 2013 at 12:11 PM
Yes they can, via circumstantial evidence. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Oct 02nd, 2013 at 11:10 AM
Apparently you have been charged and need an attorney. The issue of an accident gives the officer additional authority to make an arrest.
Answered on Oct 02nd, 2013 at 11:05 AM
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Yes, you can be charged with a DUI on those facts. BUT its the governments job to prove all elements of the offense against you beyond a reasonable doubt. You should consult with a local DUI attorney about potential defenses that you may have to the charges. Do not expect or think that the DA will simply dismiss the charges because you were not in the car. Disclaimer: The response to this email does not constitute or create an attorney-client relationship.
Answered on Oct 02nd, 2013 at 9:53 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Short answer is: yes. Florida law says the issue is "actual physical control", you can be arrested if you are inside your home and the car parked in the garage. Totally unfair.
Answered on Oct 02nd, 2013 at 9:28 AM
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Yes. If a prosecutor can prove you were driving while you were over the legal limit, it doesn't matter whether or not a police officer saw you do it. Other evidence that you were driving will work fine. You could be facing serious problems and need to hire a lawyer immediately.
Answered on Oct 02nd, 2013 at 9:25 AM