QUESTION
Can you be charged with a DUI if you are not driving?
Asked on Nov 01st, 2012 on DUI/DWI - Michigan
More details to this question:
I was sleeping in my car with the engine off and the keys in the driver seat. I was charged with a DUI but I clearly had no intention of driving. Can I beat this?
16 ANSWERS
Gary Moore
You can beat this charge.
Answered on Jun 18th, 2013 at 10:36 PM
Leonard A. Kaanta
Yes.
Answered on May 21st, 2013 at 1:08 AM
Automobile Attorney serving East Lansing, MI
at
Nichols Law Firm PLLC
Update Your Profile
Yes but the question is whether the state can prove you guilty.
Answered on Nov 02nd, 2012 at 5:31 PM
1 Award
You can be charged. In Utah, you have to have "actual physical control" of the car to be convicted of DUI. You have an argument that you weren't in control of the car, though, so you may want to hire an attorney to help you fight the charge.
Answered on Nov 01st, 2012 at 6:36 PM
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
Update Your Profile
Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. Where were you parked? How did you get there? I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Nov 01st, 2012 at 6:35 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
You have an arguable case, get an aggressive attorney, the fact the car was off and the keys not in the ignition is most helpful.
Answered on Nov 01st, 2012 at 6:35 PM
Michael J. Breczinski
You should be able to beat this with a good attorney.
Answered on Nov 01st, 2012 at 6:34 PM
John J. Carney
If you are behind the wheel and the keys are in the ignition you are "operating" the vehicle. You should call my office for a referral to a good criminal lawyer in your area.
Answered on Nov 01st, 2012 at 6:34 PM
Yes you can be charged with DUI but that doesn't mean that you will be convicted. On your facts you can successfully defeat the charge if you choose to fight it or you can get a favorable plea agreement. It will all depend on your representation and how well crafted your strategy is moving forward. Call or email to discuss this further, all consultations are free.
Answered on Nov 01st, 2012 at 6:33 PM
Administrative/ Regulatory Attorney serving Airway Heights, WA
at
Clinton Law Office
Update Your Profile
If that's all there is to this, then yes, it would be difficult to sustain a DUI charge.
Answered on Nov 01st, 2012 at 4:40 PM
Civil Litigation Attorney serving Seattle, WA
at
The Law Office of Edmund P. Allen Jr., PLLC
Update Your Profile
Under Washington law, I do not think they could prove a DUI charge against you in those circumstaces.
Answered on Nov 01st, 2012 at 4:13 PM
You can, but you'll need to hire a DUI specialist, and do it soon because you have only 10 days to save your license. The prosecutor can still use circumstantial evidence to show that you were driving shortly before the encounter. But a no-drive case is a lot better than the typical DUI, because there is a timing element and the no bad driving is observed by the cop.
Answered on Nov 01st, 2012 at 4:08 PM
If you were not driving, then you did not commit the offense. There have been cases where a person was in the driver's seat after the vehicle was stopped, but that person was not driving and the Defendant was found not guilty. You can beat this, but you are going to need an attorney.
Answered on Nov 01st, 2012 at 4:08 PM
You should be able to beat that charge, but I would strongly advise you utilize the assistance of an experienced DUI defense attorney.
Answered on Nov 01st, 2012 at 4:08 PM
New Mexico Law says you can.
Answered on Nov 01st, 2012 at 4:07 PM
Family Law Attorney serving West Bloomfield, MI
at
Law Offices of Eugene Lumberg and Eric S. Lumberg
Update Your Profile
It sounds like a great defense to that charge. Make sure you are properly represented so that this defense is raised at the appropriate time and manner.
Answered on Nov 01st, 2012 at 4:06 PM