Can I be convicted of DUI if I was already parked with the keys out of the ignition? 24 Answers as of May 22, 2013

A supermarket called me in, saying I was intoxicated. Apparently they have a video tape of me driving.

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Law Office of Thomas A. Medford, Jr., PC
Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
Based on the facts you have provided I would not think so but you should strongly hiring an attorney skilled in DUI litigation.
Answer Applies to: District of Columbia
Replied: 9/25/2012
Universal Law Group, Inc. | Francis John Cowhig
More than likely, especially if they have video tape showing you driving erratically. I strongly suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze your case and advise you of your options.
Answer Applies to: California
Replied: 9/21/2012
Charles M. Schiff, Attorney at Law
Charles M. Schiff, Attorney at Law | Charles M. Schiff
Yes. The DUI statute covers "driving", "operating" or "being in control" of a motor vehicle. If the state can prove any one of these acts, you can be convicted. The video tape may provide ample evidence of driving and operating. Depending upon the actual circumstances of your eventual arrest, there may be factors that establish "physical control". It is not necessary that the keys be in the ignition to prove "physical control".
Answer Applies to: Minnesota
Replied: 9/25/2012
Dennis P. Mikko Attorney at Law | Dennis P. Mikko
If it can be proved that you were driving and were intoxicated, you could be convicted. The video tape evidence may be sufficient.
Answer Applies to: Michigan
Replied: 9/21/2012
Anderson Law Office
Anderson Law Office | Scott L. Anderson
In Minnesota we have the in control of the vehicle law. If the state can prove you were driving and under the influence you could be convicted.
Answer Applies to: Minnesota
Replied: 9/21/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    The tape may make a difference. It is probably time stamped and can relate to when the police encountered you.
    Answer Applies to: Michigan
    Replied: 9/21/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    You can be convicted of drunk in possession without actually operating the car. The punishment for drunk in possession is exactly the same as DUI.
    Answer Applies to: Alabama
    Replied: 9/21/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    If there is a clear video of you driving the car, you could be convicted on that evidence, assuming the officer determined you were intoxicated. Usually, if the keys are not in the ignition, and the police come upon you, there is insufficient evidence to establish you were driving or had physical control of the car.
    Answer Applies to: Illinois
    Replied: 9/21/2012
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    Yes.
    Answer Applies to: Nevada
    Replied: 5/22/2013
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    If there are witnesses to your driving and you are intoxicated, you can be arrested for DUI. If a jury believes in the evidence then you can be convicted.
    Answer Applies to: Georgia
    Replied: 9/21/2012
    Mary W Craig P.C. | Mary W Craig
    If the police have eye witnesses who will testify you were inebriated, and they have video of you driving, that will be enough for a judge.
    Answer Applies to: Alabama
    Replied: 9/21/2012
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    It is only required that it is proved that you were driving not too long before you were arrested. You need to confer with an attorney.
    Answer Applies to: New Jersey
    Replied: 9/19/2012
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    Yes.
    Answer Applies to: New York
    Replied: 5/22/2013
    Joshua Price | Joshua Price
    Yes, although the State would have to prove that you actually drove the car when you were impaired for purposes of driving and with a .08% or more Blood Alcohol level beyond a reasonable doubt in a trial setting. They can prove by circumstantial evidence as well meaning that if hood of car was warm to touch and/or you admitted recent driving to Police. You could have a good case if no direct evidence of driving!
    Answer Applies to: California
    Replied: 9/21/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    If the video and witnesses can prove that you were driving the car then you can be convicted of DWI. If you admitted to driving the vehicle and they can prove that you were intoxicated then you can be convicted. The only way to beat a DWI case is for the prosecutor to have no proof of intoxication or impairment or no proof of operation. If you were behind the wheel with the keys in the ignition that is operating the vehicle. If the keys were not in the ignition and the officer admits that fact you may have a chance for an acquittal depending on the other evidence of operation.
    Answer Applies to: New York
    Replied: 9/21/2012
    Law Office of Michael E. Dailey
    Law Office of Michael E. Dailey | Michael E. Dailey
    If recent driving by you can be shown and if you are under the influence when the cops arrive, then yes you could be convicted.
    Answer Applies to: Missouri
    Replied: 9/21/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Based upon what you say and the fact that there is video tape.... yes, you can be charged with DUI.
    Answer Applies to: Washington
    Replied: 9/21/2012
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    If there is proof you were driving shortly before the police arrived and contacted you, then certainly the DUI charge can go forward but you can always defend yourself.
    Answer Applies to: Colorado
    Replied: 9/21/2012
    Douglas M. Philpott, P.C. | Peter J. Philpott
    Yes, if someone witnessed you driving or you admitted to driving.
    Answer Applies to: Michigan
    Replied: 9/21/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    It is possible to be charged under the facts you have stated. The matter of whether you could be convicted is in the opinion of the judge or jury to decide. If the evidence convinces them beyond a reasonable doubt, they can convict.
    Answer Applies to: Kansas
    Replied: 9/21/2012
    The Law Offices of Harold L. Wallin | Harold L. Wallin
    Yes if either 1) the state can establish a timeline showing that you were driving while you were intoxicated or 2) you were alone in your vehicle with access to the keys.
    Answer Applies to: Illinois
    Replied: 9/21/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Sounds like there is a case and a possible defense, get an attorney now.
    Answer Applies to: Michigan
    Replied: 9/19/2012
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    If there is a video of you driving while intoxicated, then yes, you can be convicted. Hire a good attorney now to improve your chances of getting a favorable outcome.
    Answer Applies to: Utah
    Replied: 9/19/2012
    Germaine & Blaszka, P.A.
    Germaine & Blaszka, P.A. | Donald L. Blaszka, Jr.
    In NH, you could possibly be found guilty of DUI based upon the facts that you provided. You should retain an experienced NH DUI attorney to represent you in your case.
    Answer Applies to: New Hampshire
    Replied: 9/19/2012
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