If arrested for a DUI but were not in a vehicle at the time of arrest but at an individual's home, will this be dismissed in court?

Question

James Edward Smith · Answer

No.

William C. Gosnell · Answer

No.

Timothy Klisz · Answer

No it won't. You maybe able to fight it, but dismiss won't happen.

Michael J. Breczinski · Answer

Depends on whether thye can put you behind the wheel of a car while intoxicated. I would have to see the police reports.

Michael Palumbo · Answer

Hire an attorney to defend you and he or she will go over the facts of the case and the strengths and weaknesses of the people's case against you.

Jeffrey Pollock · Answer

One would need to know a lot more about what was observed, the engine running, the keys in the ignition, etc.

Steven Alpers · Answer

I don't understand why they think you were driving DUI.

Jared Altman · Answer

It will have to play out. You need a lawyer.

Terry Nelson · Answer

Dismissal? Not unless you can 100% conclusively prove to the DA that you were not operating the vehicle at all, and the police mis IDed you. Unlikely that claim will work except at trial, where it would be is a good defense that should result in an acquittal. 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 he has only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of license imposed by DMV upon arrest. That is separate and runs consecutively with any suspension that may be imposed by 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 to present your supporting evidence and witness testimony. If you don't know how to do these things effectively, then hire an attorney that does. If you are 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, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, and if the charges are in SoCal courts, feel free to contact me. I'll be happy to help fight this and get the best outcome possible, using whatever defenses there may be.

Stephen Freeborn · Answer

Not if someone (a witness) can put you behind the wheel.

Steven D. Dunnings · Answer

Depends on what evidence the cops have to prove the charge.

Matthew Friedrich · Answer

Not necessarily but you would be wise to hire counsel to analyze the case and, if possible, move for a dismissal on your behalf.  There are just too many pieces of the puzzle missing, from your inquiry, to gauge the possible success of such a motion.

Michael Nichols · Answer

Potentially but the devil is in the details as they say.

Gregory Casale · Answer

The element of Operation, as well as Public Way and .08% or Impaired Ability must be met to convict you of OUI. If the government cannot prove that you were the operator of the vehicle then you should be found not guilty. Your lawyer should be able to address this with you. If you do not have a lawyer, get one. You may have a winnable case, but without a lawyer, you will not likely prevail.

Leonard A. Kaanta · Answer

I need more facts.

Gary Moore · Answer

The question is whether you were seen driving the car by a police officer or other witness prior to your arriving at the house. I need more information.

Brad Howell · Answer

This would ultimately depend upon the specific facts of your case.  Were  you driving under the influence prior to the officer arriving at the home?   Did any officers witness your driving behavior before you arrived at the  home?  Why did the officers make the arrest at a residence instead of  stopping you on the street? If the police report indicates that your driving behavior was witnessed by  a police officer and determined to be erratic enough so as to legally stop  you, then the fact that you were later found at a residence won't  necessarily dismiss your case.  The prosecutor will have to determine  whether the officers followed proper procedure, and what led to the  officers making the arrest for a DUI at a residence. Assuming that there are no procedural mistakes found within the police  report, it is unlikely that the prosecutor will dismiss the case.  At that  point in time, if you feel that this is an improper charge, then you would  have to take it to trial. Again, with the limited amount of information that I have at this point, I  unfortunately can not tell you whether any procedures or legal rights were  violated.  It is entirely possible for an officer to legally arrest you for  a DUI at a residence, depending upon the specific facts of why and how it  occurred.

Brian Wanerman · Answer

It depends. To convict you of DUI the prosecution must prove 1) That you drove a car 2) That, at the time you drove, you were under the influence of alcohol and/or drugs and 3) That the influence of the alcohol/drugs was such that you could not safely operate your car. Where you were arrested is irrelevant. If the prosecution has evidence of these three things, the court will likely find sufficient evidence to go forward with the case. If the prosecution does not have sufficient evidence, they the court should dismiss the case.

Sheryl Graf · Answer

Not necessarily. The prosecuting attorney may be able to prove driving through facts other than being seated behind the wheel at the time the police arrived. I question whether the officer's entry into the home was proper. If not, the evidence obtained may be suppressed.  I recommend that you have a competent criminal defense attorney review your case and aggressively pursue all defenses.

John Brennan · Answer

Need more details, you may have a defense, get an attorney.

Nathaniel Shafer · Answer

Possibly, but not necessarily. The prosecution must think they have some evidence of you driving at some point. It may be possible to argue that any drinking you did, you did in the house, depending on the evidence. You should probably hire a lawyer as soon as possible to help you get the most favorable outcome.

Russell Pietryga · Answer

Sounds like the prosecutor is going to have a difficult time proving that you had actual physical control of the vehicle.  However, make sure you request a DMV hearing. If you do not, you will automatically lose your license.  Hope this helps.

Jeff Yeh · Answer

It won't be dismissed unless you have a good DUI specialist to fight for you in court. The prosecutor will use circumstantial evidence to show that you WERE driving just a moment ago. Without a good attorney you have ZERO chance of a dismissal.

Philip Hache · Answer

Not automatically.  Contact a dui attorney in your area to talk about your case in more detail.

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If arrested for a DUI but were not in a vehicle at the time of arrest but at an individual's home, will this be dismissed in court?

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