Can I legally get a DUI while drinking alcohol sitting in my car listening to my radio which is park in my driveway? 43 Answers as of May 28, 2013

But my property is not fence end and a police officers sees me drinking alcohol while my keys is in the switch.

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Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
DUI is either driving while drinking or being in actual physical possession of an automobile while under the influence. If the keys are in the ignition and you are in the car you can be charged and convicted of DUI.
Answer Applies to: Alabama
Replied: 9/21/2012
Gregory Casale Attorney at Law
Gregory Casale Attorney at Law | Gregory Casale
There are three elements to an OUI (actual term for DUI): 1. Operation - Keys in the ignition can qualify for operation. 2. Public Way - You have to be on a public way. 3. .08% or Impaired Ability It sounds like there may be a problem with #2 in your situation. If you care discuss this in more detail please call me at the numbers below.
Answer Applies to: Massachusetts
Replied: 9/16/2012
Anderson Law Office
Anderson Law Office | Scott L. Anderson
In Minnesota yes, it is called in control of the vehicle.
Answer Applies to: Minnesota
Replied: 9/14/2012
Michael Breczinski
Michael Breczinski | Michael Breczinski
Well is it on property that is public or open to the public would be the issue. It is worth fighting. Get a lawyer.
Answer Applies to: Michigan
Replied: 9/14/2012
Germaine & Blaszka, P.A.
Germaine & Blaszka, P.A. | Donald L. Blaszka, Jr.
In NH, you could possibly be found guilty for DUI based upon the limited amount of facts that you provided. You should retain an experienced NH DUI/DWI attorney to represent you in your case.
Answer Applies to: New Hampshire
Replied: 9/14/2012
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    In Colorado it is considered to be operating a motor vehicle if the keys are in the ignition. The scenario you describe can lead to a DUI charge.
    Answer Applies to: Colorado
    Replied: 9/13/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    In Illinois, if you are behind the steering wheel, with keys in the ignition, you can be arrested for DUI, being in actual physical control of said vehicle.
    Answer Applies to: Illinois
    Replied: 9/13/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Yes you can get DUI if you are sitting in your vehicle with the keys in the ignition getting drunk. Let us get to the issue which will persuade the jury, which you failed to mention at all: Was the engine warm? If no, then you are found not guilty. If yes, then you are found guilty, despite the great explanation about yoru grandmother just returning from her bridge game, and you really needing to drink in the vehicle because she is a devout Christian and cannot view anyoen drinking alcohol. See I can make-up stories also. It is effortless.
    Answer Applies to: Georgia
    Replied: 9/13/2012
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    Was the engine running? They can charge you, but this case should be fought. Contact a DUI attorney in your area about your case in more detail.
    Answer Applies to: California
    Replied: 9/13/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Can you be charged .. Of course, you did already didn't you. Can you be convicted Only if they can show you were operating and driving the vehicle. When charged with any crime, the proper questions are, can any evidence obtained in a search or statement be used against you, can you be convicted, and what can you do . Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through motions, plea bargain, or take it to trial if appropriate. A little free advice: If arrested for DUI, whether alcohol or drugs, the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of your license imposed by DMV upon your arrest. That is separate and runs consecutively with any suspension that may be imposed by the DMV, or the court upon conviction. Contact DMV and do so, timely if you think you have grounds for appeal, then appear at the scheduled DMV appeal hearing and present your supporting evidence and witness testimony. If you don't know how to do these things effectively, then hire an attorney that does. If serious about hiring counsel to help in this, and if the charges are in SoCal courts, feel free to contact me. I'll be happy to help fight this and get the best outcome possible, using whatever defenses there may be.
    Answer Applies to: California
    Replied: 9/13/2012
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    Yes, you can get a DUI if you have actual physical control of the car. There are ways to defend the charge, but do no assume you will be found not guilty. You should hire a lawyer as soon as possible.
    Answer Applies to: Utah
    Replied: 9/13/2012
    Hynum Law Office, LLC
    Hynum Law Office, LLC | G. Wayne Hynum
    To convict you of DUI the police would have to present evidence showing that you were driving on public roads or streets while intoxicated. It is not against the law to sit in your car in your driveway drinking, intoxicated or not. If the officer testifies that he saw you pull into the driveway right before the arrest, you could be convicted, or if he testified that the hood of the car was warm indicating you had recently pulled into the driveway, that might be sufficient to convict you. Otherwise, I don't see how you could be convicted under those facts.
    Answer Applies to: Mississippi
    Replied: 9/13/2012
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    You are drunk and in control of a motor vehicle which has ready access to a public road. Get an attorney.
    Answer Applies to: Nevada
    Replied: 9/13/2012
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    You have to 'operate' the motor vehicle to be guilty of DUII. Even having the engine on probably would not be enough, although I wouldn't want to risk it. Having the radio on is not. But there's always a chance that the judge would disagree. If this is your first DUII charge, you should talk to an attorney about whether you want to do the diversion program, which would get the charges dismissed. The downside is that you would have to do treatment, and pay for it, and you wouldn't be able to do diversion again for a long time, so a new DUII charge next year would be a likely conviction.
    Answer Applies to: Oregon
    Replied: 9/13/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    Yes.
    Answer Applies to: Michigan
    Replied: 5/22/2013
    Douglas M. Philpott, P.C. | Peter J. Philpott
    They can still charge you put must prove operation at trial.
    Answer Applies to: Michigan
    Replied: 9/13/2012
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    Believe it or not, possibly.
    Answer Applies to: New York
    Replied: 9/13/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    They can give you a ticket, but from these facts it does not sound like you will be convicted. Call or email for more information.
    Answer Applies to: Nebraska
    Replied: 9/13/2012
    Peacock Law Group of the Lowcountry, LLC | Richard Peacock
    In SC, this is a determination that would require the knowledge of some other facts. You should consult with a local counsel in regards to this matter.
    Answer Applies to: South Carolina
    Replied: 9/13/2012
    Attorney at Law
    Attorney at Law | Michael J. Kennedy
    They have to prove driving to convict you of DUI in California.
    Answer Applies to: California
    Replied: 9/13/2012
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    If there is no evidence that you were driving your vehicle then you can fight the DUI you still may end up with a drunk in public but not a DUI.
    Answer Applies to: California
    Replied: 9/13/2012
    Jason Overton, Attorney at Law
    Jason Overton, Attorney at Law | Jason Overton
    Yes. Alabama requires only that you be in control of the vehicle, not actually driving it. You need to hire a lawyer.
    Answer Applies to: Alabama
    Replied: 9/13/2012
    Universal Law Group, Inc. | Francis John Cowhig
    If the police believe you were driving they can give you a DUI, but under the facts that you stated, it would be hard to prove. Do you have any witnesses at home that can testify that you had not been driving your car. If you were arrested, 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 arrest. He/she would then be in a better position to analyze your case and advise you of your options.
    Answer Applies to: California
    Replied: 9/13/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    If you were not on a public highway it is not considered "operating the vehicle" on a public highway while your ability was impaired. If they saw you on the street you could be arrested.
    Answer Applies to: New York
    Replied: 9/13/2012
    Ellman and Ellman PC
    Ellman and Ellman PC | Kevin Ellmann
    Unfortunately, yes. This is because you are in "actual physical control" of the vehicle. In other words, you can easily place the vehicle in motion. Consult with an experienced DUI defense attorney. Good luck!
    Answer Applies to: Colorado
    Replied: 9/13/2012
    Law Offices of Eric J. Bell | Eric J. Bell
    You can be charged with DUI on private property.
    Answer Applies to: Illinois
    Replied: 9/13/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes you can, because the prosecutor will use circumstantial evidence to show that you WERE driving. You need to hire a DUI specialist to fight the case, and you better do it soon because you have only 10 days to save your license.
    Answer Applies to: California
    Replied: 9/13/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Yes you can.
    Answer Applies to: Michigan
    Replied: 5/28/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Possibly, but you should speak with an attorney with the detailed.
    Answer Applies to: Michigan
    Replied: 9/13/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Yes. You may be cited for a DWi if you have the ability to operate your motor vehicle, which means manipulate any controls, while intoxicated. That can occur in a park, on the road or even in your driveway. There may be defenses, however, including arguments that your reached your final destination.
    Answer Applies to: Minnesota
    Replied: 9/13/2012
    Conway Law Pllc.
    Conway Law Pllc. | B. L. Conway
    Unfortunately, Yes: You have the Socialist Conservative Republicans & MADD to Thank For That.
    Answer Applies to: Virginia
    Replied: 9/13/2012
    Law Office of Evan E. Zelig
    Law Office of Evan E. Zelig | Evan E. Zelig
    Yes, you can be arrested for DUI under those circumstances.
    Answer Applies to: California
    Replied: 9/13/2012
    San Diego DUI Law Center
    San Diego DUI Law Center | Rick Mueller
    Not if you have a good California DUI Lawyers Association Specialist attorney.
    Answer Applies to: California
    Replied: 9/13/2012
    The Law Offices of Harold L. Wallin | Harold L. Wallin
    Under these facts, you can be charged with a DUI in Illinois, because you were in actual physical control of a motor vehicle. On the other hand, a license suspension is improper on these facts because you were not driving on the public roads.
    Answer Applies to: Illinois
    Replied: 9/13/2012
    Pietryga Law Office | Russ Pietryga
    In theory, yes. It is a actual physical control issue. Utah?s DUI statute states, ?A person may not operate or *be in actual physical control* of a vehicle within the state if the person: (a) has sufficient alcohol in the person?s body that a subsequent chemical test shows that the person has a blood or breath alcohol concentration of .08 grams or greater at the time of the test; (b) is under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the person incapable of safely operating a vehicle; (c) has a blood or breath alcohol concentration of .08 grams or greater at the time of operation or actual physical control.[1] In Utah there are several nonexclusive factors for assessing whether a person is in *actual physical control *of a vehicle. (the *Richfield *factors) They are: (1) Whether the person was asleep or awake in the vehicle, when the peace officer discovered them; (2) Where the vehicle is positioned; (3) Whether the vehicle?s motor is running; (4) Whether the person was in the driver?s seat of the vehicle; (5) Whether the person was the sole occupant of the vehicle; (6) Whether the person possessed the ignition key; (7) The person?s apparent ability to start and move the vehicle; (8) How the vehicle got to where it was discovered; and (9) Whether the person drove the vehicle to the place it was discovered. Utah Courts evaluate these factors under the totality of the circumstances.[2]
    Answer Applies to: Utah
    Replied: 9/13/2012
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