QUESTION
Can I be convicted of DUI if I wasn't the one driving?
Asked on Mar 04th, 2014 on DUI/DWI - Colorado
More details to this question:
The officer did not see me driving or in possession of the keys and the engine was off, can I be convicted of a DUI if my boyfriend was the one driving and I crawled over him and got out the driver seat? I was pulled over and my boyfriend immediately turned off the car and pulled out the keys. I crawled over him and got out before the officer got out of his car. My boyfriend then jumped into the passenger seat and put the keys back in the ignition and I have an eye witness that that's what happened. The officer was even told later on in the investigation that I wasn't driving. Can I be convicted of DUI?
7 ANSWERS
James Edward Smith
Yes, because they have evidence that you were driving.
Answered on Mar 06th, 2014 at 6:19 PM
Michael J. Breczinski
If they can't prove beyond a reasonable doubt that you were driving then they can't convict you at trial.
Answered on Mar 06th, 2014 at 6:19 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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No. The DA has to prove that you are the driver. The "D" in DUI is for driving. The statutes are worded to require driving. At least that's the case in California.
Answered on Mar 06th, 2014 at 2:16 PM
Absolutely you can. Your story sounds like fantasy, and with no lawyer to present it more sensibly, you will absolutely be convicted.
Answered on Mar 06th, 2014 at 2:07 PM
Creditor's Rights Attorney serving Clayton, MO
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Fluhr & Moore, LLC
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Yes.? If the keys are in the ignition and you are behind the wheel, the court can find that you were in control of the vehicle and thus driving.
Answered on Mar 06th, 2014 at 2:04 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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You can if the jury doesn't believe you or your witnesses. The best thing you can do is retain the most skilled and experienced DUI attorney you can.
Answered on Mar 06th, 2014 at 2:02 PM
3 Awards
I have successfully gotten a similar case dismissed. But, understand that there is some culpability on your part in trying to trick the cop. BTW - you might still have a DMV issue since you were behind the wheel with the keys in the ignition. That is actual physical control and your drivers license could be revoked. In response to your DUI Post: I am a criminal defense attorney with more than 15 years experience on DUI cases. If you would like to discuss your case, please contact me. Some important information- If you have been served with a Notice of Revocation, then you have 7 days to request a hearing. Please do that immediately by going to your local DMV office, tell them you got a DUI and you want to request a hearing. They will give you a form. DO NOT REQUEST THE OFFICER. We can do that later if we choose to, but most often it means you will lose. The receipt DMV gives you allows you to drive until the day of the hearing. Request a copy of the Expressed Consent Packet. Representation begins when client pays attorney an agreed upon retainer and returns a signed fee agreement.
Answered on Mar 06th, 2014 at 1:59 PM