More details to this question:
I will be charged with a 2nd DUI while in parked on the side of an entrance gate within the perimeters of a HOA community where I reside. I was fast asleep in the driver seat when the officer woke me up, the car engine was off but I don't remember if the keys were in the ignition or not, but I remember the officer asking me for the keys because he couldn't see them. I must have been asleep for at least 90minutes. My last drink was at 1:30am and arrived at the entrance gate of my residency, off the legal street at about 2am. Couldn't find the gate opener and couldn't remember the code. Decided to wait for another vehicle to come, but I fell asleep and at some point, I ended up shutting the engine. The officer's did not take a blood test or breathalyzer test on the field, but decided to take me to the station after I threw up once I was placed in the police car. One prior DUI was exactly this month 10 years ago. During Booking time which was stated as 4am, I had to take 4 - 5 breathalyzer tests and hearing another officer stating that he blew only 0.06, then the arresting officer responded by saying that when they met me, I was throwing up. Then that officer proceeded to use his hands to test me again, I asked him what he was doing, he stated that he wanted to see how much I had to drink ( I am not too sure if this is important information or not). Can I still be convicted of driving was never witnessed by officers?
5 ANSWERS
Criminal Defense Attorney serving Oceanside, CA
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Law Offices of Michael Norton
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Yes you can get a DUI in a parked car. The DA will have to establish that you were driving using other facts like if the car is registered to you, if you admitted driving, other passengers that could have been driving, if you were in the driver seat, if the keys were in the ignition, the location of the vehicle on the road, etc. They also have to prove you were drunk at the time of driving. Which may be another issue to attach in your case. Contact a local DUI attorney and discuss the matter with them in person. Your prior is going to make the DA less likely to dismiss or reduce your charges.
Answered on Feb 21st, 2014 at 8:34 PM
Absolutely you can. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Feb 21st, 2014 at 8:33 PM
Michael J. Breczinski
They have to prove not only that you were drunk but that you drove while you were in that state. For all they know you could have sat at the gate in a car that was not being operated and proceeded to get drunk.
Answered on Feb 21st, 2014 at 8:33 PM
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Yes, it is possible to be convicted. In Utah, you need to be in "actual, physical control" of the vehicle which does not require driving. That being said, you have some good arguments for an acquittal. You should fight the charge and you can avoid a second DUI on your record. Hire a good attorney to help you.
Answered on Feb 21st, 2014 at 8:32 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Florida doesn't care if you are driving or?moving; the issue is whether you are in "actual physical control". Most Judges say that if you are asleep in a car (front or back seat) and the keys are in the cabin then you re in APC.
Answered on Feb 21st, 2014 at 8:18 PM