Can I be convicted of a DUI if I was nowhere near my car when I got arrested by California patrol? 10 Answers as of February 24, 2012

I have been charged a DUI after I tapped a car and the driver called the cops. When he arrived, the officer came to where I was and arrested me. I think this happened because I wrote in accident report I drank hours before and hit their car. I blew a .09 on their test. What charges will I am going face for this?

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Nelson & Lawless
Nelson & Lawless | Terry Nelson
You face potential misdemeanor or even felony DUI charges because of the damages. Yes, depending upon all the facts and evidence, you could be convicted. There is no magic wand to make this go away. Police and prosecutors don't take the time to research, prepare and file charges just to drop them. Unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict you, hire an attorney who does. If this is in SoCAL courts, and if youre serious about hiring counsel, feel free to contact me.

Keep in mind: When you are arrested for DUI, whether alcohol or drugs, upon release from jail or booking you were given documents that included a notice that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic one-year suspension of your license imposed by DMV upon arrest for DUI, which is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled hearing and present your evidence and testimony. If you don't know how to do these things, then hire an attorney that does. If serious about doing so, feel free to contact me.
Answer Applies to: California
Replied: 3/21/2011
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
To the simple initial question, yes you can be, whether or not you might be depends on the evidence. No possibility of an intelligent response here as that requires a knowledge of the prosecution's case. That is reading the police reports.
Answer Applies to: California
Replied: 3/21/2011
Law Office of Marc K. Herbert
Law Office of Marc K. Herbert | Marc K. Herbert
If you admit driving the car or a witness sees you behind the wheel, law enforcement does not need to see you driving to charge you with a DUI. Your actions after driving could affect whether law enforcement can prove that you were under the influence at the time that you were driving. You will probably face two misdemeanor charges: driving under the influence and driving with blood alcohol at 0.08%. If someone was injured, you could be charged with a felony DUI causing injury. And if you left the scene, even for a short time, they could file misdemeanor hit-and-run. If you have other questions, please call my office.
Answer Applies to: California
Replied: 3/21/2011
LynchLaw
LynchLaw | Michael Thomas Lynch
Yes, you can. The DA needs to establish four elements to convict you for DUI: 1) Driving, 2) a vehicle 3) on a roadway, 4) while impaired. There is no requirement to show you were arrested in your vehicle.
Answer Applies to: California
Replied: 3/21/2011
Law Office of Andrew Roberts
Law Office of Andrew Roberts | Andrew Stephen Roberts
Yes you can be convicted of DUI by your own statements and those of the person who's car you hit. Hire an attorney ASAP. You have to deal with DMV as well. This action might be able to be reduced or dismissed.
Answer Applies to: California
Replied: 3/21/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    Yes if it can be proven by other evidence that you were driving recently. Such evidence together with the test result is enough to convict. Other issues however are presented by your case including the legality of your arrest as it is only proper to arrest for a misdemeanor when the offense is committed in the officer's presence. You should retain a good lawyer (not necessarily a "DUI specialist" who are often merely mills for processing cases in volume for low prices) to analyze this further.
    Answer Applies to: California
    Replied: 3/21/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    You will likely have 23152a and 23152b charges. Feel free to contact me to discuss your case in more detail. You should consult an attorney either way. The accident doesn't help, but you potentially have other plausible defenses.
    Answer Applies to: California
    Replied: 3/18/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You are facing a DUI, and the fact that charges are filed is a good indication that yes, you can be convicted. Consider hiring a DUI specialist to help you out. It looks like you have a decent case with some issues regarding driving and time of driving. Plus, you have a relatively low blow. Only an experienced DUI attorney can help you present these issues in a coherent manner to the prosecutor and/or Judge.
    Answer Applies to: California
    Replied: 3/18/2011
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    There was a witness to your driving so you can still be charged with a DUI. You may not be convicted of a DUI but it sounds like they have enough to charge you.
    Answer Applies to: California
    Replied: 2/24/2012
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    Sounds like you will be charged with a DUI. It doesn't matter that you weren't near your car when you were arrested unless your argument is that you drank after the accident. But you need to speak to an attorney to see if you have any viable defenses.
    Answer Applies to: California
    Replied: 3/18/2011
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