QUESTION
Can they really charge me with if I was arrested for DUI but I wasn't driving and the keys weren't in the ignition?
Asked on Jan 07th, 2014 on DUI/DWI - Florida
More details to this question:
I was asleep in my car. No keys in the ignition. I’m also a class A driver. I didn't get a blood or breath test.
13 ANSWERS
Criminal Law Attorney serving Columbia, SC
at
O'Leary Associates, P.A.
Update Your Profile
Obviously you were charged. You need to fight the charge. Not sure why no breath or blood test - unclear facts. Seek representation immediately.
Answered on Jan 15th, 2014 at 4:23 PM
Michael J. Breczinski
They can arrest you but convicting you is another matter. Conviction requires they showing that you were operating the vehicle. In most States this means at the least that the keys were in the ignition.
Answered on Jan 14th, 2014 at 5:40 AM
1 Award
Yes, you can be charged. That does not mean that a jury will convict you, though. Hire a good lawyer and fight the charge.
Answered on Jan 10th, 2014 at 8:30 AM
Criminal Law Attorney serving Los Angeles, CA
at
Law Office of Edward J. Blum
Update Your Profile
They can charge you, but you can and must fight it to protect your class a license.
Answered on Jan 09th, 2014 at 9:53 PM
Bankruptcy Attorney serving Irvine, CA
at
Chambers Law Firm, P.C.
Update Your Profile
Yes, you can be arrested. But obtaining a conviction is a different issue. Contact an experienced DUI attorney.
Answered on Jan 09th, 2014 at 9:50 PM
They can, via circumstantial evidence, and it will be more serious because it is a refusal. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Jan 09th, 2014 at 9:50 PM
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
Update Your Profile
Your question requires an attorney consultation. 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. The main questions are where was your car parked and how did it get there if you were not driving. Also without any blood or breath test, it may be difficult to prove that you were intoxicated. 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 situation. (S)he would then be in a better position to analyze your case and advise you of your options.
Answered on Jan 09th, 2014 at 9:49 PM
Criminal Defense Attorney serving Port Orchard, WA
at
Glisson & Morris Attorney At Law
Update Your Profile
Probably not DUI, but similar cases do get charged as physical control under the influence; and the penalties are the same as DUI. Whether the keys are in the ignition or not is not the final answer. You should talk to a lawyer about your case right away, and make sure you contact DOL about any potential license suspensions.
Answered on Jan 09th, 2014 at 9:49 PM
Civil Litigation Attorney serving Dallas, TX
at
Ginsberg & Associates
Update Your Profile
Yes they can charge you with a DWI. You need to seek an attorney to represent you in this matter.
Answered on Jan 09th, 2014 at 9:48 PM
Automobile Attorney serving East Lansing, MI
at
Nichols Law Firm PLLC
Update Your Profile
They can arrest but a conviction sounds like it would be much more difficult.
Answered on Jan 09th, 2014 at 9:47 PM
Criminal Defense Attorney serving Oakland, CA
at
Kapsack & Bair, LLP
Update Your Profile
Yes, you can be charged with DUI, further when you failed to provide a sample of your blood or breath you are likely to be prosecuted for "refusal." You must be lawfully arrested in order to trigger the "implied consent" law which would require you to submit to chemical testing. You may have defenses to the DUI including the fact that you weren't driving, the prosecution has to demonstrate driving, frequently they proceed with circumstantial evidence which may, or may not, be persuasive to a jury.
Answered on Jan 09th, 2014 at 9:39 PM
Adoptions Attorney serving Lansing, MI
at
Austin Legal Services, PLC
Update Your Profile
Anybody can be charged with anything. That doesn't mean they can prove your guilt beyond all reasonable doubt. They will have to have some evidence that you were driving either directly or indirectly. Make sure you are represented by an experienced DUI attorney from the area.
Answered on Jan 09th, 2014 at 9:37 PM
Robert J. Sayfie
The prosecutor would have to prove that you were driving, at some point in time, while under the influence of alcohol. For example, if a bartender testifies that he served you 10 shots of vodka between 1 and 2 am, and then the police find you 1 mile away sleeping in the car at 2:30 am, that is evidence that you drove 1 mile after drinking 10 shots. However if you were sleeping in the bar parking lot, with no evidence that you drove, then the prosecution would have no case.
Answered on Jan 09th, 2014 at 9:35 PM