Can my neighbor accuse me of drunk driving? 53 Answers as of November 11, 2011

No. Charges cannot be filed against you for DUI on your neighbor's statements.

Even if he falsely claims he saw you drinking and driving that evening, it still would be difficult to charge you since if you consume alcohol after driving but before you are arrested, the police cannot prove DUI.

Did you beep the horn for months? I am going to guess that you have nothing to worry about, you do not need to be driving, or even have keys in the ignition to honk your horn. I would guess you could be charged with disturbing the peace, but that also is highly unlikely.

The court will need more evidence than that to convict you of drunk driving. Be careful, even innocent people need lawyers.

Based on the facts you have presented I would not believe this would be a "valid" charge but if you have hired an attorney you should counsult that individual.

Were you charged? If so, then you need to hire a lawyer immediately. The neighbor can say that he just saw you driving 5 minutes (or whatever) before police arrive. They arrive and give you tests and determine you are intoxicated. You can definitely be prosecuted.

If your neighbor makes a complaint against you to the police the police need to investigate the allegation and write up a police report. If they did not arrest you at the time they were there; then the report moves up the chain until it gets to the D. A.s office. If the D.A. thinks that the case is strong against you he will charge you with the crime. If he does not think the case is strong then he will not file it. Based upon the facts that you supplied it is unlikely that you will be charged with a DUI.

Possibly, but I don't think the police will pursue it.

Under these facts it is possible that you could be convicted of drunk driving you need to speak with a lawyer. In California you must drive a vehicle while under the influence, the driving requirement can be established through circumstantial evidence. Ultimately a jury would listen to your neighbor and decide if he was credible. If they believe him then you could be convicted.

No prosecutor will likely charge you with DUI if there is no breath or blood test. If the cops arrested you, the fact that you were drinking at home will help you because they will never be able to figure out your blood level at the time your neighbor saw you driving. Plead NOT GUILTY.

You have not told me if you were arrested or what if anything you were charged with. If the only evidence the police have is your neighbor saying you were driving drunk I doubt that it would stand up in court. If you admitted that you were driving and you appeared to be intoxicated the police may be able to charge you, but the prosecutor would have to corroborate your statement with other evidence. You cannot be convicted of any crime on nothing more than your admission or confession, but the prosecutor does not need much to corroborate an admission or confession. You have not told me what evidence the police have or what the criminal complaint and supporting deposition contain, but I believe you could beat the case if you are arrested, especially if there is no evidence other than the one witness. Drinking and driving is like firing a gun at a moving train and hoping no one gets hit by the bullets. I suggest you take a taxi if you are going to drink more than two drinks since that will pout you near the .08 legal limit.

He can try and report you, but sounds real fishy. The DA would have to accept the charges. Seems like a stretch and easy to beat if they do try.

No, it’s not valid, but that doesn't mean the police may not still rely upon it to arrest you for DWI since they enjoy that better than anything lately. Nonetheless, it is unlikely that the DA can sustain a case against you for such a claim. Speak to a local criminal lawyer who is experienced in these matters. Good luck.

Your neighbor can accuse you of drunk driving all he wants, but fortunately you cannot be arrested for drunk driving based on the testimony of the neighbor and without any additional evidence. Had the police come and found you in your car with the keys in the ignition that night, and you had blown a .08 or higher, then they could have arrested you. But the police will probably inform the neighbor that there's nothing they can do to arrest you for drunk driving for previous nights unless they were called to the scene and could administer a breathalyzer.

Unless he actually witnessed you driving, the answer is NO. DUI charges are serious, therefore, consult with an attorney.

Ultimately, whether the charges are filed will be up to the police and prosecuting attorney. Anyone charged is presumed innocent until proven guilty beyond a reasonable doubt. If you are charged with anything, I'd recommend you retain an attorney or request that the court appoint you one at the public's expense.

I can't tell if it is valid unless I know if it's true. However, I can tell you that there is not enough evidence for the police to arrest you or for the D.A. to charge you.

It could be but based on the facts as you relate them, it's doubtful that the police would charge you with a DUII. Not enough evidence, I'd say.

Only if neighbor can testify that he saw you driving at the time of the incident and you were under the influence when you drove.

The question only turn on whether you were drinking and driving that day and if he was on your property without you permission then he is trespassing.

That charge is ridiculous! However, it sounds like law enforcement perhaps has a good faith basis to file the charge. In any event, consider having trial on this if it isn't dismissed It sounds like your word versus your neighbor's word. How can they prove you are guilty driving beyond a reasonable doubt? Get a DUI defense lawyer ASAP! Sounds like an interesting case your attorney should sink his teeth into. You potentially have a civil lawsuit against your neighbor!

If you are already charged, whether it was valid or not is irrelevant. Prosecutors don't file "invalid" charges. With a good lawyer, you will most likely end up getting convicted of a DUI in court. And, if you don't request a hearing with the DMV within 10 days, you will lose your license, too. Contact a DUI specialist ASAP is my advice.

No. The police will not charge unless they have proof that you were driving, operating or in physical control of a motor vehicle while under the influence. Your neighbor may claim that he observed you in your vehicle on a past date but he cannot provide the proof they need relative to "under the influence".

Did you actually get charged with DUI. It would surprise me if the police actually charged you. It would be hard to prove that you were under the influence of alcohol while in the car.

If the cops gave you a test to see if you were drunk you have a problem, but if not, ignore this idiot.

This is a questionable case, as there generally has to be more evidence that a general claim by a neighbor to establish the elements of the case beyond a reasonable doubt. If charged, you should immediately hire an attorney to go over the facts and to review what defenses there may be I hope that this was helpful.

If there was not test taken to prove you had been consuming alcohol, you cannot be charged. Even if a test was taken, if the police did not witness any driving conduct, it is unlikely they would pursue, or could prove you were driving just because of the neighbors allegations. Anything you may have done in the past cannot be charged for many of the same reasons.

No. To arrest for DUI the police must indepently observe you driving. Stories of you driving drunk is hearsay and not admissible.

Yes, your neighbor can report you, but you should hire a good attorney and fight the case. To be a "valid charge," as you put it, the state has to be able to show: 1. That you were driving or in actual physical control of a vehicle; and 2. That you were under the influence of alcohol, drugs or a combination of both to the extent that you could not safely operate a vehicle; or had a breath or blood alcohol level of .08 or higher. From the sound of things, you might have some facts that can support an effective defense. But you need to hire a good defense attorney to fight that battle for you. This area of the law is too technical for you to go it alone.

Anybody can be charged with DUI, it's another matter entirely to prove it. They will have to prove that you were operating a motor vehicle on a public road while intoxicated. If you are charged you need to retain an experienced DUI attorney to at least review the case against you for any errors that could get the charges reduced or dismissed. It is an investment you will not regret.

Anyone can accuse you but proving it is another problem.

In New York, if the police have probable cause to make an arrest, then arguably that is a valid charge. Whether those facts will satisfy the proof of "beyond a reasonable doubt" is a different question.

No - in this situation police must see you drive.

Is what a valid charge? You don't say if you have in fact been charged with DUI? To prosecute you, the prosecutor needs to show that you drove a motor vehicle while impaired. You have not stated any facts to support such a charge.

Anyone can accuse anyone else of almost anything. The issue is how credible is the accusation and is it based on any evidence. This seems like a very slim DUI case that maybe can be beaten in court. Hire a lawyer.

If he saw you driving and you were under the influence within two hours of that driving, you can and may be convicted of DUI.

It would be very unusual for the police to accept such a statement as a basis for a DWI charge. There would be no way to verify that information was reliable.

In other words your car was not on the street, but on your property; you were just sitting in the car with the engine turned on and the car key not in the ignition. If this is the scenario, you have a great defense.

There is no law against drinking in your own home and it will be very difficult for him to prove you were drinking and driving based on his claim that you were beeping your horn. There must be probable cause for the police to arrest you and, without more, it certainly does not appear that standard can be met. You could, however, tell your neighbor to stay off your property and if he does not you could charge him with trespassing.

To be guilty of DUI, the prosecutor must prove that you were driving a car, you were drunk, and you drove the car WHILE you were drunk. If your neighbor's testimony is strong enough to establish the time that you had been driving and the police can prove that you were drunk at that time, then that could be the basis for a DUI charge and conviction. It sounds like there are some serious issues here.

Anyone can accuse anyone of anything. If the police believe the accusation, they can arrest you and charge you even if the accusation isn't true. If the jury believes the lying testimony of a purported witness, they can convict. Without direct evidence that you were driving, it's unlikely you'd even be charged, much less convicted, but it's possible.

Your neighbor may certainly "accuse you." However, there must be probable cause for charges to be filed.