QUESTION
Can I get charged of a DUI even if I was not driving?
Asked on Nov 04th, 2012 on DUI/DWI - California
More details to this question:
I wasn't driving at the time the police arrived from a public disturbance call, yet the officers arrested me and booked me under public intoxication and DUI. They also did not read my rights to me when they handcuffed me.
10 ANSWERS
Michael J. Breczinski
If they can't show that you were driving while intoxicated then they probably will not win that one. They added it so they could dismiss it if you pled to the other charge. They do not have to read you your rights when they arrest you if they are not going to question you after arrest about the alleged crime.
Answered on Nov 05th, 2012 at 7:01 PM
Gary Moore
Of course you can be charged. You were charged. The real question is whether the State can prove the charges filed against you. You need to hire an experience dui lawyer.
Answered on Nov 05th, 2012 at 7:01 PM
John J. Carney
If you were not seen driving and did not admit to driving you should be able to win the trial. Call for a referral to a good DWI lawyer in your area.
Answered on Nov 05th, 2012 at 7:01 PM
Yes you can, because they will use circumstantial evidence to show that you must have been driving just a moment prior to the cop's arrival. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license. You have a good no-drive defense, but it won't mean much if you have no representation.
Answered on Nov 05th, 2012 at 7:00 PM
1 Award
Yes, if the police have evidence that you drove the car while intoxicated, they can arrest you. They don't need to personally witness it.
Answered on Nov 05th, 2012 at 7:00 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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You can't be charged if you were never driving; however, your note does not indicate that. You say you were not driving "at the time the police arrived". That implies to me that at some point you were driving. If someone saw you driving and called to report it to the police, then, with witness testimony, yes, you can be charged.
Answered on Nov 05th, 2012 at 6:59 PM
Family Law Attorney serving Bluffton, SC
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Peacock Law Group of the Lowcountry, LLC
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The state has a weak case to prosecute a DUI against you in most instances under the circumstances given at this time. You should consult with a local attorney as soon as possible regarding these charges.
Answered on Nov 05th, 2012 at 6:58 PM
Personal Injury Attorney serving Wilmington, NC
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Deaver & Deaver, PLLC
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You can be arrested but that does not necessarily mean you will be convicted.
Answered on Nov 05th, 2012 at 6:58 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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The police do not have to catch you in the act of driving in order to place you under arrest for DUI. They may have other reliable evidence to indicate that you were operating a motor vehicle on a public roadway while intoxicated and that is what they have to prove. Anybody can be charged with anything. It is up to the prosecution to prove your guilt beyond a reasonable doubt. Also, the police do not have to read you your rights when arrested; only when in police custody and they wish to interrogate you. Do not plead guilty to anything or give statements to law enforcement without first consulting with an experienced DUI attorney.
Answered on Nov 05th, 2012 at 6:58 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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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. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Nov 05th, 2012 at 6:57 PM