QUESTION

Can you be convicted of a DUI if you were not in the vehicle and the keys were not in the ignition and you blew a .00?

Asked on Jul 02nd, 2016 on DUI/DWI - Alabama
More details to this question:
I took a drug test and failed it. The chief of police said he had seen me driving 30 minutes prior to them arresting me.
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1 ANSWER

Tax Law Attorney serving Birmingham, AL at Meadows & Howell, LLC
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You can be charged with a DUI if you are driving under the influence of any intoxicating substance; alcohol is not the only drug for which a DUI charge can be brought. Taking this into consideration, the fact that you registered a .00 BAC on a breathalyzer test does not mean that the DUI charge will be dismissed or that you will otherwise be found innocent. If the police drew blood or otherwise conducted a test that would show that it's possible that you were under the influence at the time that you were driving, then they can bring DUI charges. This can include a field sobriety test, in which the officers would be looking for outward signs of intoxication. As far as whether you could be convicted for the DUI charge, an attorney would need to review the entire fact pattern to offer you an opinion on that. The handful of facts that you've provided so far aren't enough to give an opinion. Additionally, keep in mind that no attorney in Alabama can ethically guarantee a result, so we would be unable to predict whether a conviction will be the end result.
Answered on Jul 29th, 2016 at 5:35 PM

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