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
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
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
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
Law Office of Robert Sisson | Robert Sisson
Yes. In wisconsin, as long as the keys are in the ignition, u have the ability to manipulate the controls. A good atty might however be able to get u off, depending on the totality of the surrounding circumstances. int
Answer Applies to: Wisconsin
Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
If you are incapable of safe driving and the key is in the ignition, then a DUI charge makes sense.
Answer Applies to: Pennsylvania
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
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
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
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
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
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
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. 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.
Answer Applies to: Utah