Can I be arrested for a DUI if I was not driving? 75 Answers as of July 08, 2013

I was arrested for a DUI while stepping out of a vehicle that was not running with no keys in the ignition.

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Law Office of Edward J. Blum
Law Office of Edward J. Blum | Edward J. Blum
You can be arrested, but if you fight it you can probably win. Put simply the prosecution needs to prove you drove the car and when.
Answer Applies to: California
Replied: 10/21/2011
Keyser Law Firm
Keyser Law Firm | Christopher W. Keyser
If you were the passenger and another person was driving the car, you have a great case and should hire an attorney. If you were the sole occupant of the vehicle, you may still be charged with DWI even though the car was not running. In Minnesota, a vehicle does not need to running and the keys do not need to be in the vehicle for police to arrest on probable cause of DWI. A person need only be capable of operating the motor vehicle in order to be charged. I recommend hiring a lawyer if charges were brought against you.
Answer Applies to: Minnesota
Replied: 10/13/2011
Law Office of Elizabeth B. Carpenter, Esq.
Law Office of Elizabeth B. Carpenter, Esq. | Elizabeth B. Carpenter
If the law enforcement officer has probable cause and reasonable suspicion that you were driving, then you can be arrested. The question of guilt is a completely different issue.
Answer Applies to: Louisiana
Replied: 10/12/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
If it can be proven that you were driving based on all of the evidence including circumstantial evidence it does not matter that you were not observed driving. Of course it must be proven that you were under the influence at the time.
Answer Applies to: California
Replied: 10/10/2011
Gonzalez Law Associates P.C.
Gonzalez Law Associates P.C. | Carlos Gonzalez
If the officer saw you operating the vehicle technically yes but you may have some defenses... Contact a good defense attorney in your area.
Answer Applies to: New York
Replied: 7/8/2013
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    You must be either "operating or attempting to operate" a vehicle to be charged. The law gives the State the ability to prove that within 2 hours of the time you were contacted, you operated or attempted to operate the vehicle. If they have some evidence that shows you had been operating the car, they could make the charge.
    Answer Applies to: Kansas
    Replied: 10/5/2011
    Law Office of Ernest T. Biando, LLC | Ernest Biando
    Yes, if the police observed you operating.
    Answer Applies to: Massachusetts
    Replied: 10/5/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    If you had control of the vehicle, i.e., keys were on you or within your reach, it doesn't matter. Also, if there is a witness who saw you driving, you can still be convicted of DUI.
    Answer Applies to: Washington
    Replied: 10/5/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Did they see you driving prior to that? That is the question.
    Answer Applies to: Michigan
    Replied: 7/8/2013
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    Under certain circumstances, yes you can be charged. Case law indicates that you must have the present ability to operate the vehicle. Things such as not having the keys in the ignition, the car not being on, and the like help to show no present ability to operate the vehicle. However, things such as having the keys in your possession, idling the car, entering the driver's seat, etc., all go toward a finding of operating or the present ability to operate the vehicle. Getting charged and getting convicted are two different things. Therefore, you best course of action is to hire an attorney, and raise these issues in Court.
    Answer Applies to: Michigan
    Replied: 10/5/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    Yes, absolutely it was a proper arrest.
    Answer Applies to: New York
    Replied: 10/28/2011
    Law Office of Jonathan T. Sarre
    Law Office of Jonathan T. Sarre | Jonathan T. Sarre
    You can be arrested for lots of things. Proving a crime, is another matter altogether. The state may be able to prove you were DUII if you were a) intoxicated at the time of your arrest and b) there's enough evidence to prove you were driving. If they saw you driving prior to you getting out of the car, that may be enough evidence. It's not necessary to "catch you in the act." if the jury can draw an inference that you were driving you could be convicted. The answer would hinge on the facts however.
    Answer Applies to: Oregon
    Replied: 10/5/2011
    Levine & McHenry LLC
    Levine & McHenry LLC | Matthew McHenry
    You can be arrested, but that does not mean that the state can prove the criminal charges against you. If you were not driving the car, it seems as though you have a very solid defense to a charge of Driving Under the Influence of Intoxicants.
    Answer Applies to: Oregon
    Replied: 10/5/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    There is an offense for drunk in possession. If you have keys in your possession and the car is operable, you may be charged with drunk in possession. Carries the same penalties as DUI.
    Answer Applies to: Alabama
    Replied: 10/5/2011
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    If the state can prove that you were driving, or in control of the vehicle, you can be charged with a DUI.
    Answer Applies to: Minnesota
    Replied: 10/5/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    Yes.
    Answer Applies to: Michigan
    Replied: 6/3/2013
    Theresa Hofmeister, Attorney At Law
    Theresa Hofmeister, Attorney At Law | Theresa Hofmeister
    Yes you can be arrested, as you know because you were! Whether you are convicted or not is another issue. Contact a local criminal defense attorney specializing in DUI.
    Answer Applies to: California
    Replied: 10/28/2011
    Law Offices of George Woodworth & Associates
    Law Offices of George Woodworth & Associates | George Woodworth
    While it is possible to be arrested in the situation described, it doesn't always provide the D.A. with enough evidence to convict you. Cops are required to have "probable cause" to arrest someone for DUI. Such "PC" can include things like: putting their hand on the hood of car to see if it is warm (thus car recently driven), no other possible drivers near to car or mentioned by suspect, car registered to or owned by suspect, car unlocked or windows down, seat or rear-view mirror adjusted to fit suspect, etc. However, since much of this is circumstantial then it becomes duty of defense to show that that it just doesn't add up to a conviction.
    Answer Applies to: California
    Replied: 10/5/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    You obviously can be arrested because you were. The question is whether a case could proceed to a conviction - and the answer is maybe, but it shouldn't. You need to hire a lawyer to represent you. If anyone say you drive the car or even start the car or act in a manner that is arguably "operating" the car, then you could possible end up with a conviction without a good lawyer.
    Answer Applies to: Texas
    Replied: 10/5/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Yes. You can be charged if the prosecution can prove that you had just operated the vehicle. If they can't prove it, then you win.
    Answer Applies to: New York
    Replied: 10/5/2011
    The Law Offices of Christopher J. McCann
    The Law Offices of Christopher J. McCann | Christopher J. McCann
    In California, you must actually have driven a vehicle to commit a DUI, unlike in some states where just "operating" a motor vehicle is enough. You would have to provide more information to give you a definitive answer. For example, were you driving, or are you saying that the police just didn't see you driving? There is a big difference! Driving can be proven through circumstantial evidence (witnesses, warm hood, your admission, for example). For court, they still must prove you were .08% or higher when DRIVING, which can be difficult to prove. For the DMV, it is easier to prove this because a chemical test of .08% or higher within 3 hours of driving is sufficient.
    Answer Applies to: California
    Replied: 10/5/2011
    Todd Landgren, Professional Law Corp.
    Todd Landgren, Professional Law Corp. | Todd Landgren
    Yes. Many arrests and eventual charges where There is no driving observed, BUT case may be defensible! Many sub issues.
    Answer Applies to: California
    Replied: 6/3/2013
    Cornish, Crowley, Rockafellow, & Sartz, PLLC
    Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
    The prosecutor must prove any allegations beyond a reasonable doubt. Speaking generally, yes, a person could be charged in the scenario described below because the police may believe there is circumstantial evidence that they were driving. However, as with any case, the prosecutor would need to prove those allegations beyond a reasonable doubt to a judge or jury. Simply because a person is charged does not mean that ultimately, the prosecutor will have sufficient proofs to get a conviction. The burden of proof is lower to charge a person than it is to get a conviction. Moreover, as a case proceeds, the police may do additional investigating and find more proof. However, ultimately, it may be challenging for a prosecutor to prove a case if certain objective facts are unavailable.
    Answer Applies to: Michigan
    Replied: 10/5/2011
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    One, of many, possible defenses, is that you were not actually in physical control of a vehicle. However, do not count on the prosecutor to just agree to this. Hire an attorney who will fight and use every defense for you.
    Answer Applies to: Hawaii
    Replied: 10/5/2011
    Connell-Savela
    Connell-Savela | Jason Savela
    Cops charge DUIs in cases where jurors would not they can charge you you might lose you DL at a DMV hearing (you better request one within 7 days of arrest if breath over .08 or refusal) - this can be won, but you need an attorney at DMV you might even have to go to trial but jurors know the difference between driving and not driving.
    Answer Applies to: Colorado
    Replied: 10/5/2011
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    You can be arrested for DWI, but I doubt they can prove it. You need an experienced DWI trial attorney to fight this. You have a classic "wheel witness' defense.
    Answer Applies to: Texas
    Replied: 10/5/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    To be convicted, the prosecution must prove beyond a reasonable doubt that you had the ability to operate or operated the motor vehicle. Without more information, it is difficult to assess your situation.
    Answer Applies to: Minnesota
    Replied: 10/5/2011
    Reza Athari & Associates, PLLC | Armand Fried
    That certainly gives you a basis to fight the charge. Was there another driver present? Did you have the keys in your pocket? All such facts would be significant, but if you were not driving that would be a good potential factual defense. If you were not caught driving but the facts indicate that only you could have driven the car there, you may still be found guilty if all other elements (for example, your alcohol level was in excess of the legal amount permitted) are present.
    Answer Applies to: Nevada
    Replied: 10/5/2011
    Caruso & Diaz L.L.C.
    Caruso & Diaz L.L.C. | Natalia Diaz
    The term DUI is DRIVING UNDER THE INFLUENCE, so if the car wasn't running, they can't arrest you, they have to prove the car was operational in order to be arrested under DUI. However since you said you were arrested you have to prove that the car was not running and that the ignition key was not on.
    Answer Applies to: New Jersey
    Replied: 10/5/2011
    Camp Law Firm
    Camp Law Firm | Kevin Camp
    One of the elements of a DUI, is the driving or operating of a motor vehicle. Can you be arrested? Yes. Can you be convicted if the officer cannot prove the driving or operation of a motor vehicle? The answer would be no. However, they may claim to have observed the driving beforehand.
    Answer Applies to: Mississippi
    Replied: 10/5/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Yes, you can be arrested, but they may not be able to prove the crime. You really need to have a lawyer look over all the information in order to properly advise you.
    Answer Applies to: Nebraska
    Replied: 10/5/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You cannot be convicted of DWI if the keys were not in the ignition and the engine was not running unless you were stupid enough to admit you were driving. I suspect that the police asked you if you were driving...did you admit it or were you one of the few people smart enough to remain silent and ask for an attorney?
    Answer Applies to: New York
    Replied: 10/5/2011
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    New York favors a broad definition of "Operating" a motor vehicle under the influence of drugs/alcohol. It includes cases where the driver was asleep, on the side of the road and cases where there is evidence of recent operation, warm engine, exiting drivers side door with keys in hand, etc. That being said, the burden is still on the prosecution to prove you were in fact operating the vehicle and not stepping out of the vehicle for some other reason. You should consult with an experienced DWI defense lawyer to go over all of the facts surrounding your arrest.
    Answer Applies to: New York
    Replied: 10/5/2011
    The McDonnell Law Firm, PLLC
    The McDonnell Law Firm, PLLC | Patrick J. McDonnell
    Yes you can, but it depends on a lot of specifics. The definition of "operation of a motor vehicle" is very broad when it comes to the DWI statutes. Were you in driving control of the vehicle? You don't have to be actually driving to be guilty of DWI ("operation of a motor vehicle while in an intoxicated condition"). Did you make any statements to the police that can be used to implicate you or exonerate you? Where were the keys? On your person or with someone else? Did you take or refuse a breathalyzer? I would discuss the specifics of your case with an attorney.
    Answer Applies to: New York
    Replied: 10/5/2011
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    Anyone can be arrested. The more important question is whether you can be convicted. The state has to prove that you were driving, but if, for example, you were walking away from the car with the keys in your hand, no one else was around, and the engine was warm, that's enough for a jury to believe you were driving. The jury might not believe it, of course, and the facts can always develop in unexpected ways, so you need to talk to a lawyer about the details.
    Answer Applies to: Oregon
    Replied: 10/5/2011
    Law Offices of Andrew D. Myers
    Law Offices of Andrew D. Myers | Andrew D. Myers
    Yes. This is because the legislature has redefined the word "operating" as in "Operating Under the Influence" to mean having access to the controls of the vehicle. So, there have been convictions of people even sleeping inside a car. However, the last case of this nature in which I represented someone arrested in a parked vehicle, I was able to get dismissed with a Motion to Dismiss.
    Answer Applies to: New Hampshire
    Replied: 10/5/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    You can be arrested but you should be able to win. You should hire a DWI lawyer.
    Answer Applies to: New Hampshire
    Replied: 10/5/2011
    Law Office of Ronald Aronds, LLC
    Law Office of Ronald Aronds, LLC | Ronald Aronds
    As long as the police have probable cause to believe you were driving then they can arrest you. They will probably have a very hard time proving their case, however.
    Answer Applies to: New Jersey
    Replied: 10/5/2011
    Law Office of Charles J. Block
    Law Office of Charles J. Block | Charles J. Block
    No - considering the definition of a DUI includes "operation of a motorized vehicle". However, if an officer saw you drive and by the time he caught up to you he saw you coming from the vehicle, he could charge you. Also, if the Officer asked you how the car got there and you said I just drove it here, again he could charge you with a DUI.
    Answer Applies to: New Jersey
    Replied: 10/5/2011
    Law Office of Robert L Keates, PLLC
    Law Office of Robert L Keates, PLLC | Robert Keates
    Yes you can be arrested if the officer believes there is probable cause that you drove, but there are certainly issues with the DA proceeding on the case. You'll need a lawyer to review the facts and reports to see if they can prove you actually drove.
    Answer Applies to: Texas
    Replied: 10/5/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    Yes, indeed, (as apparently you were arrested) but the real question is whether you can be properly convicted of a DUI offense under the particular facts of your case as described.
    Answer Applies to: Virginia
    Replied: 10/5/2011
    Baner and Baner
    Baner and Baner | Jonathan Baner
    You were arrested, therefore it is possible for you to be arrested. The question is whether the police had probable cause to believe that you had been driving a vehicle while intoxicated. The only question that actually matters is whether the state can prove beyond a reasonable doubt that you were driving a vehicle while intoxicated. Your situation is not unique and the courts have had to tussle with the constitutionality this situation before.
    Answer Applies to: Washington
    Replied: 10/5/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    Climbing out of car with the keys is circumstantial evidence that you were driving. You can also be charged with being in physical control of a vehicle while intoxicated. IN short, you can be lawfully arrested, but it may be difficult for them to prove it. You should hire a good lawyer.
    Answer Applies to: Washington
    Replied: 10/5/2011
    Dichter Law Office, PLLC
    Dichter Law Office, PLLC | Jonathan Dichter
    It is entirely possible to be arrested for DUI when you were not driving at the time of the arrest. That being said - it creates a very interesting legal issue for a question as to whether or not you can be convicted. You should contact a skilled DUI attorney immediately.
    Answer Applies to: Washington
    Replied: 10/5/2011
    John Segelbaum, P.S.
    John Segelbaum, P.S. | John Segelbaum
    Yes. If the police have evidence that you drove, you can be arrested and charged with DUI. If they have evidence that you were in control of the vehicle but not driving, you can be arrested and charged with Physical Control.
    Answer Applies to: Washington
    Replied: 10/5/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    The question is: were you driving before stopping the car and taking the keys out of the ignition? Did someone observe you driving before the stop? If there was no one else in the car, the keys were in your possession, the engine is warm, and the car is registered to you... you could also be charged with physical control. Talk with an attorney.
    Answer Applies to: Washington
    Replied: 10/5/2011
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    Yes, if the arresting officer saw you driving the vehicle before you stepped out of it.
    Answer Applies to: Washington
    Replied: 10/5/2011
    Gutin and Wolverton
    Gutin and Wolverton | Harley Gutin
    Yes. You can be arrested for DUI even though you were not actually driving under the legal theory of "actual physical control". I don't agree with it. However, it is the law. We had a case where a guy got into an argument with his wife. Left the wife and his house. Bought a case of beer. Parked his van at a park and placed the keys under a garbage can about fifty yards from his van. The police came, found him drunk in his van (asleep). He told them the story and they arrested him. The State took it to trial and the verdict was NOT GUILTY. So they can arrest you. Can they convict you? That depends on the facts, jury and lawyer you have.
    Answer Applies to: Florida
    Replied: 10/5/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    You can be arrested anytime the police observe you in control of a vehicle, and think that you were driving the vehicle. The fact that you are on a lonely road at 2:00 a.m. drunk with no one around, but not actually behind the wheel will NOT prevent the police from arresting you.
    Answer Applies to: Georgia
    Replied: 10/5/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We recommend you consult with a lawyer. As a former prosecutor, state and federal, and as a defense attorney, I have seen cases of circumstantial evidence brought. Good luck.
    Answer Applies to: Georgia
    Replied: 10/5/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    You should not be arrested for DUI unless you were behind the wheel, with keys in ignition. However, you fail to state at what point the officer observed you, if he saw you stop and park the vehicle, and saw you exit from the driver's side after seeing you pull up to that spot, he has a right to arrest you for DUI, of course, he will have to have the requisite evidence to establish your impairment.
    Answer Applies to: Illinois
    Replied: 10/5/2011
    Brucar & Yetter, P.C.
    Brucar & Yetter, P.C. | Wayne Brucar
    Yes. All that has to be shown in Illinois is that you were in actual physical control of your car at the time of arrest. If your keys were on your person when you took the actions you described, the law considers you in actual physical control of your car. Please understand that answering this doesn't create an attorney/client relationship between us, and as hard as I try to answer your question well, it isn't legal advice. No matter how much information you put into a question, the answers you are going to get are still going to be vague. It is in your interest to contact a lawyer, most of whom will do a free consultation. Even 15 minutes with a lawyer is going to produce a more specific answer to your problem.
    Answer Applies to: Illinois
    Replied: 10/5/2011
    Law Office of Neal L. Weinstein
    Law Office of Neal L. Weinstein | Neal L. Weinstein
    Yes, if the police have a reason to believe you just drove to that location by prior observation or an independent witness. But this presents a case with a potential defense so you should immediately hire a qualified attorney.
    Answer Applies to: Maine
    Replied: 10/5/2011
    AyerHoffman, LLP
    AyerHoffman, LLP | David C. Ayer
    You can be arrested and charged for DUI for possessing the intent to operate the vehicle. Intent can be found in your possession of keys in proximity of the vehicle while under the influence.
    Answer Applies to: Massachusetts
    Replied: 10/5/2011
    Rudolph A. Serra, Attorney
    Rudolph A. Serra, Attorney | Rudolph A. Serra
    If you have access to the keys you may be considered "operating" a motor vehicle whether or not it is running. As a former judge, I handled dozens of cases where "operation" of the vehicle was in dispute including cases with drivers asleep and/or passed out behind the wheel. Many factors are involved.
    Answer Applies to: Michigan
    Replied: 10/5/2011
    Law Offices of Jeffery A. Cojocar, PC
    Law Offices of Jeffery A. Cojocar, PC | Jeffery A. Cojocar
    Yes, depending on the pre-arrest facts.
    Answer Applies to: Michigan
    Replied: 10/5/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    In order to be guilty of a DUI, you must have been driving or the evidence against you must be presented in a way that it is reasonable to conclude that you were driving or must have been driving. It's depends on a case-by-case basis and what the facts are. Retain an experienced DUI attorney if you have been charged or at least have one review the police report to determine the strength of the case against you. There may be errors that could get the charges reduced or dismissed. A good DUI attorney will more than pay for himself in what he can save you in terms of jail, probation costs, fines, license sanctions/suspension, vehicle immobilization, interlock devices, and higher insurance premiums.
    Answer Applies to: Michigan
    Replied: 10/5/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    You can be arrested for anything, and I'm guessing you were. The big question is whether you can be convicted. That would be a tough case without an admission to driving.
    Answer Applies to: Michigan
    Replied: 10/5/2011
    Martin Law Offices, PLLC
    Martin Law Offices, PLLC | Matthew T. Martin
    Greetings - Yes, you may be charged with DWI if the officer had probable cause. Probable cause may exist, even if you deny it, if the facts and circumstances would permit a reasonable belief that you had been driving, operating or physically controlling a motor vehicle. However, probable cause does not automatically mean a conviction. My suggestion is to discuss the case with an experienced criminal defense attorney before you make your next move.
    Answer Applies to: Minnesota
    Replied: 10/5/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    Depending on the location of the keys and other factors, you could have been in "physical control" of the vehicle which is enough under Minnesota law for a DWI charge. However, you certainly have an argument against it.
    Answer Applies to: Minnesota
    Replied: 10/5/2011
    Jason Overton, Attorney at Law
    Jason Overton, Attorney at Law | Jason Overton
    This is a common question. The short answer is "yes." Alabama law requires only that the individual have control of the vehicle, not that he or she was actually driving.
    Answer Applies to: Alabama
    Replied: 10/5/2011
    Kenneth M. Hallum, Attorney at Law
    Kenneth M. Hallum, Attorney at Law | Kenneth M. Hallum
    You could be arrested, and you could also be charged (given a court date), however, you would have a strong defense to a DUI charge through the court process. DUI requires driving. Though there are several legal decisions regarding driving as control, constructive control, etc. Your facts of not running and no keys are both very strong defenses in your favor. If you are later charged (have a court date), you should consult a DUI attorney to discuss all of your case.
    Answer Applies to: California
    Replied: 10/5/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    It is possible to get arrested and even convicted of a DUI under your situation because the prosecutor can infer driving even if it was not witnessed, but, it certainly raises defenses (ie. no actual driving).
    Answer Applies to: California
    Replied: 10/5/2011
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    Yes you can. The D.A. will try to prove his case by circumstantial evidence, such as: Is it your car? Did you have the keys? Was anyone else around the car? What incriminating statements did you make? The D.A. will make you an offer ( or not ) based on how strong a case he can prove.
    Answer Applies to: California
    Replied: 10/5/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    One can be arrested but that does not mean that one can be successfully prosecuted.
    Answer Applies to: California
    Replied: 10/5/2011
    San Diego DUI Law Center
    San Diego DUI Law Center | Rick Mueller
    Yes.
    Answer Applies to: California
    Replied: 6/3/2013
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    If you are stopped and the officer has good cause to conclude that you were driving and if driving you would be DUI then he can give you a ticket. This normally happens when someone with a high BAL falls asleep at a stop sign, or on the side of the road, or in a parking lot. In your case, whether you have a case you can win, will depend on all the facts. Facts that would be needed are: Did the officer see you driving? Was the hood of the car warm? Where was the car parked? What was your BAL? Plus some other information. You do need to consult with an attorney.
    Answer Applies to: California
    Replied: 10/5/2011
    THE LAMPEL FIRM
    THE LAMPEL FIRM | ERIC LAMPEL
    Quite strange. Depends where the key was (i.e., "in your possession"). This is a harder case for the DA to win. Hire a good Defense lawyer.
    Answer Applies to: California
    Replied: 10/5/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes you can, and you did. But you have a good case so you should consult a DUI specialist. Don't forget the DMV, which has to be contacted within 10 days or you lose your license by default.
    Answer Applies to: California
    Replied: 10/5/2011
    Law Offices of Matthew Murillo
    Law Offices of Matthew Murillo | Matthew Murillo
    Arrested? Possibly. Depends on circumstances. The real question is whether you can be convicted. In California, a DUI convictions requires actual movement of the vehicle. If the officer did not see you driving, you may have a good case. You should speak privately with an attorney about the case, immediately. Don't forget, you only have 10 days to request a DMV hearing if you were arrested for DUI. Those days are calendar days, and start from the date of arrest.
    Answer Applies to: California
    Replied: 10/5/2011
    Van Der Jagt Law Firm
    Van Der Jagt Law Firm | Grant Van Der Jagt
    The issue is whether you were behind the wheel of an operable vehicle. If there were no keys, and you were not in control of keys, probably not. I'd recommend talking with a DUI attorney.
    Answer Applies to: Colorado
    Replied: 10/5/2011
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