QUESTION

how can i b charged with dui if i wasnt driving my truck in a park lot no keys in my possion and no intent to drive had dd there 2 drive

Asked on Feb 19th, 2011 on Criminal Law - Iowa
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how can i b charged with dui if i wasnt driving my truck in a park lot no keys in my possion and no intent to drive had dd there 2 drive
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General Practice Attorney serving Ontonagon, MI at Robert Peterson, Attorney at Law
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DUI (Driving under the Influence) is called OWI (Operating While Intoxicated) and is covered under Iowa Code Section 321J.2 http://search.legis.state.ia.us/nxt/gateway.dll/ic?f=templates&fn=default.htm I have an extensive section under my website www.robertpetersonlaw.com covering OWI and OWI defenses. In Iowa, the code provides the following elements for OWI if a person is operating a motor vehicle under any 3 conditions: a. While under the influence of an alcoholic beverage or other drug or a combination of such substances (note that there is not a concentration level mentioned) b. While having an alcohol concentration of .08 or more c. While any amount of a controlled substance is present in the person, as measured in the person's blood or urine. Motor Vehicle is defined in the code as any self-propelled vehicle not on rails.  Thus OWI would include snow mobiles, 4 wheelers, scooters, and could include motorized wheelchairs.  Case law allows conviction even if on private property, and would include any situation where the individual is "operating" the vehicle, including operating the radio, or has control over the vehicle.  Intent to drive is not an element of the offense. Keys don't necessarily need to be in the ignition, but some operation of the vehicle would need to be shown.  Realize that police can always arrest, but you may not meet the elements of the crime and may need an attorney to assist you in your case. If you have any question, contact a local attorney to assist you in your case.
Answered on Aug 28th, 2011 at 1:26 PM

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