QUESTION
Can you still be charged with DUI when you’re not in the car or keys or found behind the wheel?
Asked on Nov 09th, 2012 on DUI/DWI - Michigan
More details to this question:
Three years ago state is trying the case just got the letter in the mail. For a DUI but I was not in the car in the gas station they said that I hit a parked truck but I was not in the car nor was I driving the car. I came out of the gas station and they were outside. How can I get a DUI charge against me and what do I have to do to get it dropped.
7 ANSWERS
John J. Carney
Unless you admitted to driving the prosecutor may not be able to prove operation of the vehicle and you could be found not guilty.
Answered on Nov 16th, 2012 at 4:06 AM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
Partner at
Law Offices of Phil Hache
4 Awards
It is possible that they can charge you with a DUI even though they didn't witness driving. But based on what you wrote, your case has many potential defenses. Lack of observed driving, the fact that the case is three years old and they are just now pressing charges (that is potentially a huge issue for the prosecutors). You should speak with a DUI Attorney in your area as soon as possible to get a more specific assessment of your case.
Answered on Nov 12th, 2012 at 6:04 PM
Michael J. Breczinski
I would have to see the police report to find out why they think they can prove that you were driving.? You need to get an attorney and fight the matter.
Answered on Nov 12th, 2012 at 6:04 PM
You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license. Without a lawyer, you're a sitting duck (the prosecutor will use circumstantial evidence to show that you were driving just a few minutes prior to the cop's arrival at the scene).
Answered on Nov 12th, 2012 at 6:03 PM
1 Award
If they have evidence that you were driving the car at some point, they can still charge you with DUI. The police do not need to personally witness it. Other people seeing you drive the car is enough evidence. It sounds like you need a lawyer, and that is your best chance of getting the charges dismissed.
Answered on Nov 12th, 2012 at 6:01 PM
Gary Moore
They are relying upon an inference that the car did not drive itself during the accident. This inference can be overcome. You need an experienced dui lawyer.
Answered on Nov 12th, 2012 at 5:59 PM
Leonard A. Kaanta
Prove to the jury you weren't drunk.
Answered on Nov 12th, 2012 at 5:58 PM