Can my neighbor accuse me of drunk driving?

Question

I found my neighbor looking into my car late at 11pm.  I had been at home drinking.  I called 911 and when the police arrived, the neighbor told the police, I had been drinking and driving 'beeping' my horn, everyday for 'months', but he never reported it.  Is this a valid charge?

Michael Palumbo · Answer

Yes.

Jules N. Fiani · Answer

No.

Geoffrey MacLaren Yaryan · Answer

He can accuse you of it but police would need more than what you said to arrest you.

Michael J. Breczinski · Answer

I am not sure that the police would issue a charge because they would have to prove not only that you were drunk but that you were driving while drunk. There is no breathalyzer or blood test as to you having alcohol in your system.

Cindy L. Barton-Coombs · Answer

Yes, he can charge you, but I don't know what evidence he would have. It is hard to understand why he would have the expertise to testify as to what amount of alcohol he thought you had consumed.  If the police don't have anything else there isn't much to go on.  If charges are filed, then you much make sure that the DMV doesn't revoke your license.  Good luck.

Mark Arneson · Answer

Your neighbor can accuse you, but if you have any witnesses of your own that would verify you were drinking at home and not driving, you can use that to your advantage. Regardless, you probably have a defense of post driving consumption.

Craig Elhart · Answer

Your neighbor cannot charge you with anything.  He can only make a report to the police.  After the police investigation, they will file a report with the prosecuting attorney who is the person who will determine if any charges are brought.

James Schoenberger · Answer

No. Charges cannot be filed against you for DUI on your neighbor's statements.

Louis Leibowitz · Answer

The court will need more evidence than that to convict you of drunk driving. Be careful, even innocent people need lawyers.

Cynthia Henley · Answer

Were you charged? If so, then you need to hire a lawyer immediately. The neighbor can say that he just saw you driving 5 minutes (or whatever) before police arrive. They arrive and give you tests and determine you are intoxicated. You can definitely be prosecuted.

Eric Sterkenburg · Answer

If your neighbor makes a complaint against you to the police the police need to investigate the allegation and write up a police report. If they did not arrest you at the time they were there; then the report moves up the chain until it gets to the D. A.s office. If the D.A. thinks that the case is strong against you he will charge you with the crime. If he does not think the case is strong then he will not file it. Based upon the facts that you supplied it is unlikely that you will be charged with a DUI.

Jared Altman · Answer

Possibly, but I don't think the police will pursue it.

Daniel Kieth Martin · Answer

Under these facts it is possible that you could be convicted of drunk driving you need to speak with a lawyer. In California you must drive a vehicle while under the influence, the driving requirement can be established through circumstantial evidence. Ultimately a jury would listen to your neighbor and decide if he was credible. If they believe him then you could be convicted.

Mark R. Thiessen · Answer

He can try and report you, but sounds real fishy.  The DA would have to accept the charges.  Seems like a stretch and easy to beat if they do try.

Theodore W. Robinson · Answer

No, it’s not valid, but that doesn't mean the police may not still rely upon it to arrest you for DWI since they enjoy that better than anything lately.  Nonetheless, it is unlikely that the DA can sustain a case against you for such a claim. Speak to a local criminal lawyer who is experienced in these matters. Good luck.

Thomas Mueller · Answer

I can't tell if it is valid unless I know if it's true. However, I can tell you  that there is not enough evidence for the police to arrest you or for the D.A.  to charge you.

Seth Schraier · Answer

Your neighbor can accuse you of drunk driving all he wants, but fortunately you cannot be arrested for drunk driving based on the testimony of the neighbor and without any additional evidence.  Had the police come and found you in your car with the keys in the ignition that night, and you had blown a .08 or higher, then they could have arrested you.  But the police will probably inform the neighbor that there's nothing they can do to arrest you for drunk driving for previous nights unless they were called to the scene and could administer a breathalyzer.

Stephen Freeborn · Answer

Unless he actually witnessed you driving, the answer is NO.  DUI charges are serious, therefore, consult with an attorney.

Jacob P. Sartz · Answer

Ultimately, whether the charges are filed will be up to the police and prosecuting attorney.   Anyone charged is presumed innocent until proven guilty beyond a reasonable doubt.  If you are charged with anything, I'd recommend you retain an attorney or request that the court appoint you one at the public's expense.

Todd Landgren · Answer

Only if neighbor can testify that he saw you driving at the time of the incident and you were under the influence when you drove.

Christopher Jackson · Answer

Did you actually get charged with DUI.  It would surprise me if the police actually charged you. It would be hard to prove that you were under the influence of alcohol while in the car.

Jeff Yeh · Answer

If you are already charged, whether it was valid or not is irrelevant. Prosecutors don't file "invalid" charges. With a good lawyer, you will most likely end up getting convicted of a DUI in court. And, if you don't request a hearing with the DMV within 10 days, you will lose your license, too. Contact a DUI specialist ASAP is my advice.

Thomas Tomko · Answer

This is a questionable case, as there generally has to be more evidence that a general claim by a neighbor to establish the elements of the case beyond a reasonable doubt.  If charged, you should immediately hire an attorney to go over the facts and to review what defenses there may be I hope that this was helpful.

Dennis Roberts · Answer

If the cops gave you a test to see if you were drunk you have a problem, but if not, ignore this idiot.

Andrew Roberts · Answer

No - in this situation police must see you drive.

Jared Austin · Answer

Anybody can be charged with DUI, it's another matter entirely to prove it. They will have to prove that you were operating a motor vehicle on a public road while intoxicated. If you are charged you need to retain an experienced DUI attorney to at least review the case against you for any errors that could get the charges reduced or dismissed. It is an investment you will not regret.

John Bussman · Answer

To be guilty of DUI, the prosecutor must prove that you were driving a car, you were drunk, and you drove the car WHILE you were drunk.  If your neighbor's testimony is strong enough to establish the time that you had been driving and the police can prove that you were drunk at that time, then that could be the basis for a DUI charge and conviction.  It sounds like there are some serious issues here.

Gary Moore · Answer

In other words your car was not on the street, but on your property; you were just sitting in the car with the engine turned on and the car key not in the ignition. If this is the scenario, you have a great defense.

Kenneth Wincorn · Answer

It would be very unusual for the police to accept such a statement as a basis for a DWI charge. There would be no way to verify that information was reliable.

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