QUESTION

Does the motor need to be running to be charged drunk driving?

Asked on Jul 31st, 2013 on DUI/DWI - Washington
More details to this question:
Keys in your possession a requirement?
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12 ANSWERS

No. But the prosecution will have to prove that you were operating the motor vehicle. They will have a harder time proving their case.
Answered on Aug 13th, 2013 at 11:18 AM

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Michael J. Breczinski
If the car is stopped and not running, most courts say that the car was not being operated.
Answered on Aug 06th, 2013 at 9:46 PM

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Bankruptcy Attorney serving Irvine, CA at Chambers Law Firm, P.C.
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In California, the answer to both your questions is no.
Answered on Aug 06th, 2013 at 9:46 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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The question gives an inference of a possible defense.
Answered on Aug 06th, 2013 at 9:46 PM

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Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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The motor does not need to be running to be charged with DUI based on circumstantial evidence. It happens regularly. If no one witnessed any driving, that can certainly cause some issues in the prosecutors case against you.
Answered on Aug 06th, 2013 at 9:46 PM

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Drivers License Suspension Attorney serving Redlands, CA at Law Offices of Matthew Murillo
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Depends. If it can be proven when driving happened, through witnesses or other information, no. Huey's don't have to be in ignition to be charged with DUI.
Answered on Aug 06th, 2013 at 9:46 PM

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Traffic Ticket Attorney serving Eureka, MO at The Rogers Law Firm
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Yes, you can be charged with DUI even if the motor is not running.
Answered on Aug 06th, 2013 at 9:45 PM

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Criminal Law Attorney serving Los Angeles, CA at Law Office of Edward J. Blum
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Not only does the motor need to be running, but the car needs to actually be moving. Some states have operating under the influence statutes which allow prosecution for being in or around the car while drunk. California requires what's called volitional movement of the vehicle to obtain a conviction. I like to remind cops, prosecutors and people that the "D" in DUI stands for driving and they must prove that the person charged was driving to obtain a conviction. There are a couple of exceptions to the driving requirement and those are covered under Vehicle Code Section 40300.5. For instance, if you've been in an accident or if the car is blocking the roadway, then the cops don't need to see the car move. Without a witness to driving, the prosecutor can't establish time of driving. Without time of driving, the defendant's blood alcohol content at the time of driving, necessary for a conviction, cannot be proven. In addition to the requirement to prove Driving at trial, the common law and Penal Code Section 836 require that a misdemeanor offense occur in the presence of the cop who makes an arrest for the arrest to be lawful. A DUI cannot occur in the officer's presence, if he doesn't see (sense) driving.
Answered on Aug 06th, 2013 at 9:45 PM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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No to both questions. Generally there is observed driving which attracted the officers attention or is perhaps reported by a witness third party.
Answered on Aug 06th, 2013 at 9:45 PM

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Criminal and General Civil Litigation Attorney serving Warsaw, IN
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Does the motor need to be running to be charged drunk driving? No Keys in your possession a requirement? Not necessarily.
Answered on Aug 06th, 2013 at 9:45 PM

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Yes, and it also has to move. But remember they can use circumstantial evidence to show you must have been driving just a moment prior. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Aug 06th, 2013 at 9:45 PM

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Jacob P. Sartz
Generally speaking, no, the motor does not need to be running when a person is arrested in order to be charged with an OUI. However, it may be harder for the prosecutor to prove the charges beyond a reasonable doubt when there is less circumstantial evidence supporting the elements of an offense; and notably, whether the accused was operating a motor-vehicle is a key element in some cases. These are very complicated factual questions and they depend on the alleged circumstances. Ultimately, these are factual questions and possible issues for a motion, so you would need to privately consult with a lawyer who has full access to your file.
Answered on Aug 06th, 2013 at 9:45 PM

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