QUESTION
Can I get a DUI if there is no one in the car?
Asked on Aug 25th, 2012 on DUI/DWI - Michigan
16 ANSWERS
Steven D. Dunnings
Were you in the car?
Answered on Jun 13th, 2013 at 2:35 AM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Yes.
Answered on May 22nd, 2013 at 5:54 AM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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You will need to provide more information. No one can answer the question the way you have asked it. If someone can prove operation, public way and .08% alcohol or impaired operation, you can be convicted of OUI. Does that help?
Answered on Sep 05th, 2012 at 10:05 PM
3 Awards
It is possible to be arrested, but there likely needs to be more evidence to convict.
Answered on Sep 05th, 2012 at 12:00 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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It is possible to be charged as long as the evidence tends to shows you were driving and were under the influence at the time. The facts determine the outcome. When questioned, arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through motions, plea bargain, or take it to trial if appropriate. A little free advice: If arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of your license imposed by DMV upon your arrest. That is separate and runs consecutively with any suspension that may be imposed by the DMV, or the court upon conviction. Contact DMV and do so, timely if you think you have grounds for appeal, then appear at the scheduled DMV appeal hearing and present your supporting evidence and witness testimony. If you don't know how to do these things effectively, then hire an attorney that does.
Answered on Sep 05th, 2012 at 11:03 AM
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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Yes, assuming you were or had been driving the car when arrested or stopped by the officers.
Answered on Sep 04th, 2012 at 12:30 PM
You can be charged with a DUI without being in the car. However the D A will have a hard time proving this up.
Answered on Sep 04th, 2012 at 11:59 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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If you are in control of the car, it is possible (although quite defensible) to get arrested for DWI.
Answered on Sep 03rd, 2012 at 11:29 PM
Estate Planning Attorney serving Farmington Hills, MI
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Law Offices of Matthew M. Friedrich, P.L.L.C.
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Happens often, particularly if there was an accident and the suspected drunk driver leaves the scene. More of a circumstantial case, but it does happen.
Answered on Sep 03rd, 2012 at 11:17 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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It depends on the rest of the evidence, for example had the car just been driven and the engine is hot or warm, were you close to the car, were there other people close?
Answered on Sep 03rd, 2012 at 11:56 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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What do you mean, "if no one was in the car". Are you telling me that the person was driving while under the influence and then jumped out of the cart before the police came? If that is your argument, it's not a very good one. However, for a more definitive answer I would need to review the facts of your case.
Answered on Sep 01st, 2012 at 9:19 PM
Criminal Defense Attorney serving Chapel Hill, NC
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The Law Office of Lynn Norton-Ramirez, PLLC
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If someone was driving, it is enough.
Answered on Aug 31st, 2012 at 11:20 PM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
4 Awards
You can get charged with a dui even if not in car when cop showed up. You may have a very good case to defend. Was there a car accident?
Answered on Aug 31st, 2012 at 9:53 PM
Yes, via circumstantial evidence (that you "were" driving). Contact a DUI specialist ASAP, because you have only 10 days to save your license. The DMV couldn't care less about your "no one in the car" business if you don't request a hearing on time.
Answered on Aug 31st, 2012 at 9:46 PM
Child Custody Attorney serving Grand Rapids, MI
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Ryan Maesen PLC
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You can't get a DUI unless you were operating a motor vehicle. A parked car with a warm engine can still be called operating.
Answered on Aug 31st, 2012 at 3:07 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Perhaps, the facts will govern. Do not speak with anyone until you have engaged and counseled with an attorney.
Answered on Aug 31st, 2012 at 12:20 AM