QUESTION
Can I still be charged with a DUI even if I was not in the car?
Asked on Nov 23rd, 2012 on DUI/DWI - Texas
7 ANSWERS
Michael J. Breczinski
Can they prove you were driving and intoxicated?
Answered on Apr 26th, 2013 at 5:01 AM
John J. Carney
If you were not in the car, did not confess to driving, and there were no witnesses you can be charged but the prosecutor will not have enough evidence to prove that you "operated the vehicle" no matter how intoxicated you were. The problem is that most people are not smart enough to remain silent and will talk to the police. The police know how to manipulate an admission with false promises and threats. That is why you should never talk to the police without a lawyer present.
Answered on Dec 03rd, 2012 at 1:03 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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That fact could be a defense to the charge. Consult with an attorney to properly present your case in court.
Answered on Nov 29th, 2012 at 4:16 AM
Yes, through circumstantial evidence that you were driving just a moment prior. Hire a DUI specialist ASAP, because you may only have 10 days to save your license.
Answered on Nov 28th, 2012 at 6:56 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Yes, unless you can answer the following question: "How did the car get there if you were not driving?"
Answered on Nov 28th, 2012 at 6:45 AM
Michael Paul Vollandt
If is some one saw you driving within a short period of time before your were arrested the case can be made. If their testimony is bogus then you got a chance assuming that you did not rat yourself off to the cop that you were driving.
Answered on Nov 28th, 2012 at 6:38 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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Yes. Hire a lawyer, though, because it is a difficult case for the state to prove. The question is "control of the motor vehicle."
Answered on Nov 27th, 2012 at 10:13 PM