QUESTION
Can I get a DUI if I'm parked in my drive way and the car isn't on?
Asked on Dec 20th, 2012 on DUI/DWI - Washington
More details to this question:
This might sound real weird but every once in a while I sit in my car after work in my driveway and listen to the radio. It’s not really anything dangerous because I don't drive anywhere but on this day, a cop drove by and saw me drinking a beer while sitting in my car. The keys were in the ignition because I had the radio on but I have never drove anywhere before. I don’t drink and drive. I got arrested for DUI. Can I fight this?
9 ANSWERS
Gary Moore
You can fight it.
Answered on Jun 25th, 2013 at 10:22 PM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
Partner at
Law Offices of Phil Hache
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Yes, and you need to fight this. One of the key elements to a DUI is driving. It is possible for the prosecution to establish driving through circumstantial evidence. For example, the circumstantial evidence based on what you wrote would be that you were in your car, in the drivers seat, with the keys in the ignition. If your car was running, and the engine was hot to the officers touch, that would be additional circumstantial evidence that would be used against you. That being said, the prosecution has the burden to prove you were actually driving (ie. at some point prior to the officer arriving), and that while you were driving you were under the influence. A good DUI defense attorney can help make that difficult for the prosecution and potentially get the DUI charges dismissed. I have handled cases similar to yours and have had very good results fighting such cases.
Answered on Dec 24th, 2012 at 4:45 AM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
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You may have a extremely difficult defense depending on what jurisdiction you're in, generally, in Michigan, such a defense would not be successful. However, before rendering a firm opinion I would want to know all of the facts.
Answered on Dec 21st, 2012 at 2:14 PM
Michael J. Breczinski
You had the keys in the ignition and the electricity was turned on. That may be enough for "operating the vehicle". This is a close call. Get a good lawyer.
Answered on Dec 21st, 2012 at 3:02 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. The short answer is possibly. I strongly suggest that your friend contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding his arrest. He/she would then be in a better position to analyze his case and advise you of your options.
Answered on Dec 21st, 2012 at 2:53 AM
Yes you can. They can use circumstantial evidence to show that you must have been driving just moments prior. You need to hire a DUI specialist, however, to take advantage of a potential "no drive" defense. By yourself you are a sitting duck for the prosecutor.
Answered on Dec 21st, 2012 at 2:47 AM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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Yes you may have a defense to the charge. Talk to a lawyer about your options.
Answered on Dec 21st, 2012 at 2:20 AM
John J. Carney
If you are behind the wheel with the keys in the ignition you are "operating the vehicle" and if you were intoxicated you could be convicted of a DWI or DWAI violation. You should retain a good criminal lawyer to get the best possible disposition.
Answered on Dec 21st, 2012 at 2:17 AM
There is a provision for being in physical control while intoxicated. However, you have a strong defense given the facts as you have described them.
Answered on Dec 21st, 2012 at 2:13 AM