Can I be convicted of DWI if my key were not in the ignition? 11 Answers as of November 13, 2013

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Michael Breczinski
Michael Breczinski | Michael Breczinski
They have to show that you were operating the vehicle.
Answer Applies to: Michigan
Replied: 11/12/2013
S. Joseph Schramm | Joseph Schramm
Whether the key is in the ignition is not really relevant. The law focuses on your BAC level and, if it exceeds an amount stated in the statute (e.g. 10), whether you had been driving within the previous two hours.
Answer Applies to: Pennsylvania
Replied: 11/12/2013
Law Office of Robert E McCall | Robert McCall
Yes. On the net research "actual physical control".
Answer Applies to: Florida
Replied: 11/12/2013
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
Yes, via circumstantial evidence. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answer Applies to: California
Replied: 11/12/2013
Hawklaw Law Firm | Andrew Thomas Hooyman
Yes, Minnesota law does not require that the car actually be in operation. It simply requires that a person be "in-control" of the automobile. Minnesota cases have repeatedly shown that if a person has keys on them they are in control of the automobile. This is a tricky situation and a attorney should be contacted immediately.
Answer Applies to: Minnesota
Replied: 11/12/2013
    Kevin H Pate
    Kevin H Pate | Kevin H Pate
    Yes. Or actual physical control, or other variation in your jurisdiction. Hire counsel.
    Answer Applies to: Oklahoma
    Replied: 11/12/2013
    Nichols Law Firm
    Nichols Law Firm | Michael J. Nichols
    You should not be!
    Answer Applies to: Michigan
    Replied: 11/13/2013
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    It depends on the facts. They would need some evidence that you were driving or in close proximity to operating a motor vehicle on a public road while intoxicated.
    Answer Applies to: Michigan
    Replied: 11/12/2013
    Hudson Bair | Hudson Bair
    This is difficult to answer, the truth is "maybe" it depends on other circumstantial evidence. You should contact a DUI defense attorney near you to discuss the facts of your case, you may have a winning case but it will depend upon other facts in addition to the fact that your keys weren't in the ignition.
    Answer Applies to: California
    Replied: 11/12/2013
    Law Offices of Laurie A. Schmidt, P.C. | Laurie Schmidt
    The police officer does not have to see you drive the car to charge you with DWI. If the government can prove its case beyond a reasonable doubt is another question entirely. The government will use facts such as, car hood warm to the touch, keys in your possession, admissions of driving, ect. to prove that you were driving the car. If the government can prove this beyond a reasonable doubt is a whole new issue, you would retain a DUI attorney in your area to review the police reports and decide on the best defense action.
    Answer Applies to: Colorado
    Replied: 11/12/2013
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