QUESTION
Is it legal to be charged with OWI if the car is not turned on and you are standing next to it?
Asked on Mar 13th, 2013 on DUI/DWI - Michigan
More details to this question:
My husband is in the garage, standing by our car when the police pulled in our driveway. He asked my husband in a hurry and gave him a sobriety test. Is it legal?
9 ANSWERS
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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If your husband is charged with DUI he should consult with a DUI lawyer. Under the facts that you describe he has a defense, the question will ultimately be, can the police or the prosecutor prove he was driving and when he was driving was he under the influence OR .08 or above.
Answered on Mar 14th, 2013 at 6:43 AM
Michael J. Breczinski
Unless he can put him behind the wheel then no.
Answered on Mar 14th, 2013 at 6:43 AM
Yes, because they can use circumstantial evidence to show that he must have been driving just a moment ago. The evidence likely came from the suspect's own mouth. Time to hire a DUI specialist.
Answered on Mar 14th, 2013 at 5:29 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Obviously, the officer followed your husband home; therefore saw him operating the motor vehicle and saw him get out of the car. Yes the charge is valid.
Answered on Mar 14th, 2013 at 5:22 AM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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If he was not operating the vehicle there is a potential defense. Talk to an attorney to discuss further.
Answered on Mar 14th, 2013 at 5:20 AM
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In Utah, yes, that it legal. The police need to have reason to believe that he had actual physical control of the vehicle. If he had just finished driving it or if they believed he was about to drive it, that would give the police sufficient reason.
Answered on Mar 14th, 2013 at 5:19 AM
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In Colorado, they have to have probable cause that husband was under the influence and drove the car - this could mean that car was recently seen being driven in an erratic manner and when they approached husband, he smelled of alcohol I have had success in similar cases - lets discuss representation In response to your DUI Questions: I am a criminal defense attorney that focuses 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. Representation begins when client pays attorney an agreed upon retainer and returns a signed fee agreement.
Answered on Mar 14th, 2013 at 5:19 AM
Operating While Intoxicated requires that a person operate the vehicle. It appears that the officer thought that your husband was driving. This sounds like a case that a defense attorney might be able to beat. Do not say anything to the police, and hire an attorney.
Answered on Mar 14th, 2013 at 5:19 AM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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They can charge you but you have a very viable defense and potentially a successful legal motion. Contact qualified DUI counsel now.
Answered on Mar 14th, 2013 at 5:17 AM