Can I legally get a DUI while drinking alcohol sitting in my car listening to my radio which is park in my driveway?

Question

But my property is not fence end and a police officers sees me drinking alcohol while my keys is in the switch.

Timothy Klisz · Answer

Yes you can.

Leonard A. Kaanta · Answer

Yes.

Gregory Casale · Answer

There are three elements to an OUI (actual term for DUI):  1.      Operation - Keys in the ignition can qualify for operation.  2.      Public Way - You have to be on a public way.  3.      .08% or Impaired Ability  It sounds like there may be a problem with #2 in your situation. If you care discuss this in more detail please call me at the numbers below.

Michael J. Breczinski · Answer

Well is it on property that is public or open to the public would be the issue.  It is worth fighting. Get a lawyer.

Philip Hache · Answer

Was the engine running? They can charge you, but this case should be fought.  Contact a DUI attorney in your area about your case in more detail.

Terry Nelson · Answer

Can you be charged ..   Of course, you did already didn't you. Can you be convicted   Only if they can show you were  operating  and driving the vehicle.    When charged with any crime, the proper questions are, can any evidence obtained in a search or statement be used against you, can you be convicted, and what can you do .  Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial.  If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through motions, plea bargain, or take it to trial if appropriate. A little free advice:   If arrested for DUI, whether alcohol or drugs, the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of your license imposed by DMV upon your arrest.  That is separate and runs consecutively with any suspension that may be imposed by the DMV, or the court upon conviction.  Contact DMV and do so, timely if you think you have grounds for appeal, then appear at the scheduled DMV appeal hearing and present your supporting evidence and witness testimony.  If you don't know how to do these things effectively, then hire an attorney that does.  If serious about hiring counsel to help in this, and if the charges are in SoCal courts, feel free to contact me.  I'll be happy to help fight this and get the best outcome possible, using whatever defenses there may be.

Nathaniel Shafer · Answer

Yes, you can get a DUI if you have actual physical control of the car. There are ways to defend the charge, but do no assume you will be found not guilty. You should hire a lawyer as soon as possible.

Robert Sisson · Answer

Yes. In wisconsin, as long as the keys are in the ignition, u have the ability to manipulate the controls.  A good atty might however be able to get u off, depending on the totality of the surrounding circumstances.   int

Stephen Freeborn · Answer

There has to be driving for a DUI charge.  You could however be charged with vehicular control.

Steven Alpers · Answer

They can definitely charge you.  If the car is not running, you have a better chance at trial.

Jared Altman · Answer

I don't think it will stick.

Jeffrey Pollock · Answer

If you are incapable of safe driving and the key is in the ignition, then a   DUI charge makes sense.

Michael Palumbo · Answer

Believe it or not, possibly.

Richard Peacock · Answer

In SC, this is a determination that would require the knowledge of some other facts.  You should consult with a local counsel in regards to this matter.

Kevin Ellmann · Answer

Unfortunately, yes.  This is because you are in "actual physical control" of the vehicle.  In other words, you can easily place the vehicle in motion. Consult with an experienced DUI defense attorney.  Good luck!

Jason Overton · Answer

Yes.  Alabama requires only that you be in control of the vehicle, not actually driving it.  You need to hire a lawyer.

Francis Cowhig · Answer

If the police believe you were driving they can give you a DUI, but under the facts that you stated, it would be hard to prove.  Do you have any witnesses at home that can testify that you had not been driving your car.  If you were arrested, I strongly suggest that you contact an experienced criminal law 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.

Jeff Yeh · Answer

Yes you can, because the prosecutor will use circumstantial evidence to show that you WERE driving. You need to hire a DUI specialist to fight the case, and you better do it soon because you have only 10 days to save your license.

John Brennan · Answer

Possibly, but you should speak with an attorney with the detailed.

Evan Zelig · Answer

Yes, you can be arrested for DUI under those circumstances.

Russell Pietryga · Answer

In theory, yes.  It is a actual physical control issue.               Utah?s DUI statute states, ?A person may not operate or *be in actual physical control* of a vehicle within the state if the person: (a) has sufficient alcohol in the person?s body that a subsequent chemical test shows that the person has a blood or breath alcohol concentration of .08 grams or greater at the time of the test; (b) is under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the person incapable of safely operating a vehicle; (c) has a blood or breath alcohol concentration of .08 grams or greater at the time of operation or actual physical control.[1]               In Utah there are several nonexclusive factors for assessing whether a person is in *actual physical control *of a vehicle. (the *Richfield *factors) They are:  (1) Whether the person was asleep or awake in the vehicle, when the peace officer discovered them; (2) Where the vehicle is positioned; (3) Whether the vehicle?s motor is running; (4) Whether the person was in the driver?s seat of the vehicle; (5) Whether the person was the sole occupant of the vehicle; (6) Whether the person possessed the ignition key; (7) The person?s apparent ability to start and move the vehicle; (8) How the vehicle got to where it was discovered; and (9) Whether the person drove the vehicle to the place it was discovered.  Utah Courts evaluate these factors under the totality of the circumstances.[2]

Jason P. Kutulakis · Answer

Technically need to be on a public roadway.

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Can I legally get a DUI while drinking alcohol sitting in my car listening to my radio which is park in my driveway?

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