QUESTION
Can you get arrested and convicted of DUI when you’re not driving?
Asked on Sep 30th, 2013 on DUI/DWI - California
More details to this question:
Car parked on the side of the road, key in the ignition however no gas and failed breathalyzer.
6 ANSWERS
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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These can always be tricky to prosecute. They would have to show evidence that you were driving and you were driving while under the influence. You need an experienced DUI attorney to carefully review your case to see if it can be dismissed. This is far too complicated and the stakes are too high to do it alone. A good DUI will always more than pay for himself.
Answered on Oct 04th, 2013 at 9:13 AM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Had a client with this fact scenario. Can be avoided if you fight.
Answered on Oct 01st, 2013 at 4:34 AM
Michael J. Breczinski
Well they could take it to trial but still would have to prove that you operated the vehicle while drunk.
Answered on Oct 01st, 2013 at 4:31 AM
Sure, if you have a lousy lawyer. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Oct 01st, 2013 at 3:45 AM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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Yes. The District Attorney may choose to proceed with "circumstantial" evidence to establish that you were driving.
Answered on Oct 01st, 2013 at 3:33 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Unless you can prove how the car came to be by the side of the road without you driving it, you can be charged and convicted with a DUI.
Answered on Sep 30th, 2013 at 7:55 PM