QUESTION
Can you receive a DUI when you are not driving and when you refuse a breathalyzer?
Asked on Oct 13th, 2013 on DUI/DWI - Michigan
9 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You shouldn't, unless the police officer has some other evidence that you were driving while intoxicated or drugged.
Answered on Oct 17th, 2013 at 2:04 AM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Yes. You can be arrested and charged. If you don't fight it you can lose your license for 1 year.
Answered on Oct 14th, 2013 at 12:42 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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What do you mean not driving? Do you mean that you were driving and stopped before you made contact with the police? If that is the case, then YES, you can still be charged. Can you be charged without a breath test? Yes. All the prosecutor has to show ids that your operation of a motor vehicle was impaired due to drugs and/or alcohol. The fact that you refused a breath test can also be used as evidence against you in court ie, you refused because you knew you were under the influence.
Answered on Oct 14th, 2013 at 12:26 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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Yes, depends on the facts of your case. You should contact a DUI defense attorney and discuss the facts of your case, you may be facing DUI charges or not, you may have strong legal defenses if you are charged.
Answered on Oct 14th, 2013 at 12:16 PM
Yes, because they can use circumstantial evidence to establish that you were driving just prior to the cop arriving. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Oct 14th, 2013 at 11:28 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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They will either have to prove that you were driving or does a reasonable conclusion based upon the facts that you were driving. Did you refuse the breathalyzer at the roadside or at the station? They have to show your blood alcohol content over the legal limit and some fashion, either directly or through circumstantial evidence.
Answered on Oct 14th, 2013 at 10:03 AM
1 Award
In Utah, it is possible to get a DUI without driving. The law says you need "actually, physical control" of the car. There are a few ways you can have that without driving, such as having the keys in the ignition while sitting in the driver's seat. If you are accused of a DUI, hire a lawyer immediately to help argue you were not in actual, physical control of the car.
Answered on Oct 14th, 2013 at 9:47 AM
You can get a DUI if the officer sees you driving or if there are reasonable suspicions that you were involved in an accident whilst intoxicated. You can receive an APC if you are in control of a vehicle while intoxicated. This is the general rule and there are always exceptions and extensions. The breath test is only a part of the evidence in an at preset and not a necessity. Remember, this is referring to an arrest and being charged. A conviction is different and a well trained attorney can help you.
Answered on Oct 14th, 2013 at 9:46 AM
Michael J. Breczinski
Thy have to show that you were driving and you only have to take the breathalyzer if you had been driving.
Answered on Oct 14th, 2013 at 9:39 AM