QUESTION
Can I get a DWI if I was not in the car and the keys were not in the ignition when the officers pulled up?
Asked on Jan 14th, 2013 on DUI/DWI - Michigan
More details to this question:
I had lost control of my truck due to wet roads and cold weather and went into a ditch so I left my truck there and walked to a friend’s a block away and had a few drinks and walked back to my truck to check on it and officers pulled up and gave me a DWI. They also gave me paper work saying I took a breathalyzer test but I never did.
6 ANSWERS
John J. Carney
If you did not admit to driving and there were no witnesses you will win the trial as the prosecutor will not be able to prove "operation." If the police say you took a breathalyzer and have the results then you probably did, they would not just make up a test and a BAC score.
Answered on Mar 11th, 2013 at 7:46 PM
3 Awards
Did you tell police you drank after driving Did you admit to drinking prior to wreck They can charge you and you may lose you license (request a DMV hearing now) but you have a good case Get a lawyer
Answered on Jan 17th, 2013 at 2:50 PM
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It is possible. You should definitely retain a lawyer who can raise the proper questions and, perhaps, get you off, or work out a decent plea arrangement.
Answered on Jan 17th, 2013 at 2:49 PM
To be convicted of an intoxicated driving charge the prosecution must prove beyond a reasonable doubt that you were intoxicated at the time that you were driving. You have the contestable type of case that a criminal defense attorney would love to take.
Answered on Jan 17th, 2013 at 2:49 PM
You better hire a DUI specialist, because no prosecutor on this planet will believe your story when you show up to court alone. You better act quick, because you have only 10 days to save your license.
Answered on Jan 17th, 2013 at 2:49 PM
Michael J. Breczinski
You want to set this for trial and get the friend to testify that you were drinking after the accident and not before. This is a defense since you were not inebriated at the time of the accident.
Answered on Jan 17th, 2013 at 2:46 PM