Can they still charge me for DUI if the officer did not see me driving? 84 Answers as of June 14, 2013

Can they still charge me for DUI if the officer did not see me driving? Is it possible to get arrested for DUI if the police did not see me driving?

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
I'd recommend you privately consult with an attorney if you need specific legal advice. Any charged with a criminal offense has a right to counsel. If you cannot to retain a lawyer, the court may, depending upon eligibility criteria, appoint you one at the public's expense. Generally speaking, if the prosecutor has circumstantial evidence that a person had been operating a motor vehicle, the proofs may be sufficient to meet their burden of proof before a judge or jury, even without eye-witness testimony that a person was actually operating at the time. Examples of circumstantial evidence include the location of the vehicle, positioning of the driver (was the operator in the driver's seat?), whether the vehicle was running, whether the vehicle had signs of obvious recent use (the vehicle engine block being warm, for example, keys in the ignition?), etc. These potential proofs may take many forms. It depends on the alleged circumstances. Further, if the driver made allegedly incriminating statements, they may be admissible as well. Generally speaking, however, circumstantial cases tend to be weaker than cases with more direct evidence. However, they may still be enough for a conviction if a judge or jury finds the evidence to be credible.
Answer Applies to: Michigan
Replied: 7/20/2012
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
Yes it is possible to get arrested, but to get convicted they have to prove you were driving ( operating ) the motor vehicle beyond a reasonable doubt.
Answer Applies to: New York
Replied: 6/21/2012
Michael Breczinski
Michael Breczinski | Michael Breczinski
Yes they can. They do not need to see you driving they need to have evidence that you were driving under the influence. IE they need the jaws of life to get you out from behind the drivers wheel after an accident. Some other person that saw you driving etc.
Answer Applies to: Michigan
Replied: 6/15/2012
Seth B. Cobin, Attorney at Law | Seth Benjamin Cobin
Yes, if the police believe they have credible evidence that you were operating the vehicle.
Answer Applies to: Minnesota
Replied: 6/13/2012
Law office of Robert D. Scott | Robert Scott
The officer or some other witness, must have seen you operating a motor vehicle while you were under the influence of alcohol and/or drugs.
Answer Applies to: Maryland
Replied: 6/13/2012
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    Yes. You do not have to be driving to be charged with a DUI. Its as simple as sitting in your car with the keys in your hand.
    Answer Applies to: Michigan
    Replied: 6/12/2012
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Depends - why did he think you were driving? Did he feel the engine which was still warm, you looked pretty drunk, and there was no other person around who you could claim was driving? If so you are SOL.
    Answer Applies to: California
    Replied: 6/12/2012
    The Short Law Group, P.C.
    The Short Law Group, P.C. | Shawn Kollie
    To be charged with a DUI in Oregon, the District Attorney would have to prove beyond a reasonable doubt that you drove a vehicle on a premises open to the public while under the influence of intoxicants. It you believe that it would be difficult to prove that you were actually driving contact a DUI Lawyer about the facts of your case as they can likely help.
    Answer Applies to: Oregon
    Replied: 6/12/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    It is possible to get arrested for DUI if the officer did not see you driving. This occurs frequently, like when there is a crash and the officer arrives on the scene to find one of the drivers obviously drunk. The specific facts of each case need to be gone over by an attorney.
    Answer Applies to: Florida
    Replied: 6/11/2012
    The Law Office of B. Elaine Jones
    The Law Office of B. Elaine Jones | B. Elaine Jones
    Dear Sir/Madam - Yes it is possible to be charge for a DUI even if the police officer did not see you driving. If the officer or a witness can place you behind the wheel of a motor vehicle with the keys in the ignition, even if the vehicle is parked, you can be arrested for a DUI. I have had at least 2 clients who were charged with DUI and they were not driving. They were parked on the side of the road. But they were behind the wheel of the motor vehicle and the keys were in the ignition. I also had a case where an off-duty officer witnessed my client driving and hitting curbs and swerving, but he did not pull him over, he called to another officer who pulled him over. The off duty officer was the witness to the client driving.
    Answer Applies to: Florida
    Replied: 6/8/2012
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    The state would have to prove you were driving by some means, eyewitness, admission, etc.
    Answer Applies to: Minnesota
    Replied: 6/8/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Many things are possible.
    Answer Applies to: California
    Replied: 6/8/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Depends if he has other evidence the you just drove the car.
    Answer Applies to: New York
    Replied: 6/8/2012
    Larry K. Dunn & Associates | Larry K. Dunn
    The prosecution is required to prove that you were driving or in actual physical control of a vehicle in order to be convicted of dui. The proof can be that someone else saw you driving or circumstantial evidence of driving, if the evidence is strong enough. If you admitted to driving and there is independent evidence to corroborate your statement, the evidence may support a conviction.
    Answer Applies to: Nevada
    Replied: 6/7/2012
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    One of the elements of the crime is "operation". So in order to be found guilty of DWI in New York, the DA must prove beyond a reasonable doubt that you were operating a motor vehicle. New York has a very broad definition of operation and the officer does not have to see you driving for you to be found guilty. They can use statements made to you by the police, eyewitness observations, or other evidence of recent operation (i.e. parked on the side of a highway with a hot engine). The law allows you to be convicted of DWI even without moving the car if the keys are in the ignition and the car is running and you are sitting in the driver's seat.
    Answer Applies to: New York
    Replied: 6/7/2012
    Law Offices of Eric J. Bell | Eric J. Bell
    Yes - you can be charged with DUI if the officer didn't see you driving. However, for the State to prove DUI they are required to prove you were driving the car. So someone will have to testify that you were driving a car when you were allegedly intoxicated.
    Answer Applies to: Illinois
    Replied: 6/7/2012
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    The officers do not need to actually see you driving but the state does need to prove that you were driving. Often they do so by using third-party testimony, admissions or reasonable assumption (e.g., car in ditch or wrapped around a light pole and you are nearby).
    Answer Applies to: Minnesota
    Replied: 6/7/2012
    Russman Law
    Russman Law | Ryan Russman
    It is possible for the State to charge you with DWI even if they do not see you driving.
    Answer Applies to: New Hampshire
    Replied: 6/7/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    The prosecution must prove that you were operating the vehicle and that you were impaired or intoxicated. That cam be proved by your statement, a witness, circumstantial evidence (such as injuries from a car accident while you were the only person in the vehicle), or even vidoe surveillance. If the prosecutor cannot prove that you were driving the car beyond a reasonable you are entitled to an acquittal. Retain my office or a good DWI lawyer in your area to get the best possible disposition in the matter.
    Answer Applies to: New York
    Replied: 6/7/2012
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    In Hawaii you can be arrested for driving or being in actual physical control or a vehicle while impaired or while having a breath alcohol concentration over the legal limit. What constitutes actual control is something your attorney can argue depending on the circumstances of the case.
    Answer Applies to: Hawaii
    Replied: 6/7/2012
    Chaudhary Law Office, PLLC
    Chaudhary Law Office, PLLC | Satveer S. Chaudhary
    Yes you still be charged if the office did not see you driving. There may be other evidence that you were driving, such as a witness or your own admission. Also, Minnesota law allow you to be charged for DUI within two hours of driving, if there is probably cause to believe you were doing so.
    Answer Applies to: Minnesota
    Replied: 6/7/2012
    Vargas Law Office LLC | Ronnie Ismael Vargas
    Yes it is possible to be charged for a DUI offense even if the officer did not see you driving.
    Answer Applies to: Wisconsin
    Replied: 6/7/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    Yes, if you were stopped by the officer acting on tip from person who saw you driving.
    Answer Applies to: Michigan
    Replied: 6/7/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    A DUI can still be prosecuted even if the officer did not see you drive. Evidence of operating can come from a variety of sources.
    Answer Applies to: Kansas
    Replied: 6/7/2012
    Connell-Savela
    Connell-Savela | Jason Savela
    They have to have some evidence of you driving, it could be your statement, or someone else seeing you drive, or something else - the cop just has to have probable cause that you were driving to arrest
    Answer Applies to: Colorado
    Replied: 6/7/2012
    James M. Osak, P.C.
    James M. Osak, P.C. | James M. Osak
    YES. Did you CONFESS to drinking? Did you CONFESS to driving? All the cop needs is reasonable belief that you were driving then have evidence of alcohol in your system.
    Answer Applies to: Michigan
    Replied: 6/7/2012
    Bernstein & Bernstein, LLC | Lowell E Bernstein
    Yes, but driving is an element that must be proved by the state in order to convict.
    Answer Applies to: South Carolina
    Replied: 6/7/2012
    Law Office of Michael E. Dailey
    Law Office of Michael E. Dailey | Michael E. Dailey
    Sure, There may be some proof problems and you may have defenses that can be raised but you can certainly be charged is there is evidence of you driving even though the officer did not see it. The circumstances that could lead to this are simply too numerous to list but be assured they are many and varied. The same can be said of the request for a breath test. The race to get home and out of sight is not a guarantee you will not be charged.
    Answer Applies to: Missouri
    Replied: 6/7/2012
    Myles Hahn III Attorney at Law | Myles Hahn III
    Yes, it is possible. A witness maay have seen you drive. Discuss all details with a qualified attorney.
    Answer Applies to: Illinois
    Replied: 6/7/2012
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    It is possible to be arrested and convicted of DUI without the officer issuing the citation seeing you drive. The most common is when a driver pulls over to the side of the road and falls asleep behind the wheel. The officer finding a person in this situation is assumed to have driven to the spot under the influence. Some of the evidence that helps them to prove this are; the keys in the lock, the hood warm and no other person in the car with you.
    Answer Applies to: California
    Replied: 6/7/2012
    Eversole Law, LLC
    Eversole Law, LLC | Steven Eversole
    The simple answer to this question is yes, you may be charged with a DUI even if the police officer never actually witnessed you driving. However, physical control of the vehicle is a requirement in almost every state and must be proved at trial. I have seen clients charged with sleeping in a car, walking to their car or standing beside their car. However, a charge and a conviction are two very different things. I suggest you hire an experienced DUI defense lawyer that focuses his practice on DUI defense. I also highly recommend that your lawyer be a member of the prestigious National College of DUI Defense, the nation's only accredited DUI defense organization.
    Answer Applies to: Alabama
    Replied: 6/7/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Yes, they can charge you with DUI, but they may not be able to prove it. To find someone guilty of DUI they must show 1) Driving or physical control and 2) a test result over the legal limit. Physical control can involve you in the drivers seat and the car not even running.
    Answer Applies to: Nebraska
    Replied: 6/7/2012
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    Yes. If you admit to driving, there is another witness, or you have the present ability to drive the car (like sleeping behind the wheel of a parked car with the motor running, etc.) then you could be convicted. You should discuss this with the attorney you hire. There are a number of cases dealing with this issue, and depending on your facts, you may be able to get a much better result in your case.
    Answer Applies to: Michigan
    Replied: 6/7/2012
    Dungan, Lady, Kirkpatrick & Dungan PLLC | Michael Dungan
    The prosecutor has to place you behind the wheel one way or another, whether it's by the police officer, any other witness, or your own statements.
    Answer Applies to: Michigan
    Replied: 6/7/2012
    Salladay Law Office | Lance Salladay
    If you are behind the wheel of a car with the ability to drive- i.e. keys in the ignition or the car is running you can be charged with being in physical control of a car while under the influence- so yes you can be charged even if they don't see you actually driving.
    Answer Applies to: Idaho
    Replied: 6/7/2012
    Clos, Russell & Wirth, P.C. | Gary A. Russell
    Yes. If the prosecutor can show by the surrounding evidence that you had been operating the motor vehicle while under the influence of alcohol, you could still be convicted. For example, there was a case in Michigan where the driver had pulled over on the side of the highway, in a rural area and was found sleeping, alone, in his vehicle. His blood alcohol level was over the legal limit and there were no empty alcohol containers around to suggest that he drank while there. The driver was convicted.
    Answer Applies to: Michigan
    Replied: 6/7/2012
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    If the officer can prove you were driving by any evidence at all (like a warm engine) you can be charged but maybe not convicted if you raise a reasonable doubt that you were no under the influence of above a .08 at the time.
    Answer Applies to: California
    Replied: 6/7/2012
    Germaine & Blaszka, P.A.
    Germaine & Blaszka, P.A. | Donald L. Blaszka, Jr.
    Yes it is possible for an officer to arrest you for DWI even if he does not observe you driving your vehicle.
    Answer Applies to: New Hampshire
    Replied: 6/7/2012
    Law Office of William L Spern | William Spern
    Yes. You could be found passed out in a car (presumably from alcohol) and the car is still running or just with the keys in the ignition.
    Answer Applies to: Michigan
    Replied: 6/7/2012
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    You can get arrested. If the state is going to convict you however, they will have to prove that you were driving.
    Answer Applies to: Georgia
    Replied: 6/7/2012
    Glass Defense Firm
    Glass Defense Firm | Jason M. Glass
    Potentially. The Supreme Court leaves the door open for this by stating that you can be charged if your car is in a position that it would not have been had you not driven. This allows police to charge when the don't observe driving in the case of wrecks or people passed out at stop lights.
    Answer Applies to: West Virginia
    Replied: 6/7/2012
    Universal Law Group, Inc. | Francis John Cowhig
    It is possible under certain circumstances and situations to be charged with a DUI, even if the police did not actually see you driving. I would suggest that you consult with an experience criminal defense attorney prior to going to court and explain the specific circumstances of your arrest.
    Answer Applies to: California
    Replied: 6/7/2012
    Alvin Lundgren | Alvin Lundgren
    The State can use circumstantial evidence to determine whether you are driving. However, Utah law only requires that you be in control of a vehicle meaning at a minimum near a vehicle for which you have the keys.
    Answer Applies to: Utah
    Replied: 6/7/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Yes, as long as the officer has reasonably reliable evidence that you were behind the wheel.
    Answer Applies to: Georgia
    Replied: 6/7/2012
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    Yes. If you were in control of a vehicle such as sitting in the driver's seat with keys in the ignition, you can be charged even if the vehicle is not moving and was not moving when the officer first saw you.
    Answer Applies to: Washington
    Replied: 6/7/2012
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Yes. You can be charged. It will be hard to convict you.
    Answer Applies to: Alabama
    Replied: 6/7/2012
    Barbara Fontaine, Esquire | Barbara Fontaine
    It makes it much harder but if you are in a car and very drunk and it is obvious that you were alone getting the car in that place, they may infer that you were drunk driving. You can rebut it and maybe be successful.
    Answer Applies to: Rhode Island
    Replied: 6/7/2012
    Law Firm of Martin & Wallentine
    Law Firm of Martin & Wallentine | Jerry Lee Wallentine Jr.
    Yes, but you may have a potential great defense.
    Answer Applies to: Kansas
    Replied: 6/7/2012
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    Yes you can be charged. The facts will dictate what can be prove, circumstantial facts can establish who was driving.
    Answer Applies to: New Hampshire
    Replied: 6/7/2012
    Law Office of Michael Morgan, l.L.C.
    Law Office of Michael Morgan, l.L.C. | Michael Morgan
    A witness does not have to be a police officer.
    Answer Applies to: Washington
    Replied: 6/7/2012
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    If someone else witnessed you driving, you admitted driving, or if you were simply in physical control of the vehicle, even if you didn't drive you could be convicted. Also if circumstantial evidence can be shown, such as if you were found in the vehicle & no one else was present.
    Answer Applies to: Minnesota
    Replied: 6/7/2012
    Gutin and Wolverton
    Gutin and Wolverton | Harley Gutin
    Yes. If they have another witness to place you driving or the officer or the other witness can testify that you were in actual physical control of the vehicle. (Did you possess the keys and were near the car or in the car).
    Answer Applies to: Florida
    Replied: 6/7/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    You may be charged with a DWI offense if the officer has probable cause to believe the offense has been convicted. Probable Cause is determined from all the available evidence even circumstantial evidence. As a result, it is possible for you to be charged even though the officer did not observe the driving conduct.
    Answer Applies to: Minnesota
    Replied: 6/7/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Absolutely. Admissions are the key to these kinds of cases.
    Answer Applies to: Michigan
    Replied: 6/7/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes. They can use circumstantial evidence to show that you must have been driving. Contact a DUI specialist, because you have only 10 days to save your license after a DUI arrest, driving or not.
    Answer Applies to: California
    Replied: 6/7/2012
    Ryan Berman, Esq | Ryan Berman
    It depends on the facts and circumstances of the case. (Such as if they found you passed out behind the wheel, on the side of the road with the keys in the ignition...you can be charged)
    Answer Applies to: Michigan
    Replied: 6/7/2012
    The Law Offices of Harold L. Wallin | Harold L. Wallin
    Yes, if the officer has probable cause to believe that you were driving or in actual physical control of a motor vehicle.
    Answer Applies to: Illinois
    Replied: 6/7/2012
    Darrell B. Reynolds, P.C. | Darrell B. Reynolds
    It would depend on the facts and circumstances of your case.
    Answer Applies to: Georgia
    Replied: 6/7/2012
    Arneson and Geffen
    Arneson and Geffen | Mark Arneson
    They can charge you if they have probable cause to believe you had been driving. Generally if someone reported or you admitted to driving, they can base the charge on that.
    Answer Applies to: Minnesota
    Replied: 6/7/2012
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    It is still possible the state needs to prove operation through admissible evidence.
    Answer Applies to: New York
    Replied: 6/7/2012
    Law Office of Jared C. Winter
    Law Office of Jared C. Winter | Jared C. Winter
    It's still possible to be charged. If they have evidence that you were driving, even though the cop did see it, the DA could still proceed with the case. However, in my experience, a lack of witness to the driving puts you in a favorable position for either getting the case dismissed, or reduced to a lesser charge.
    Answer Applies to: California
    Replied: 6/7/2012
    Anthony Urie, PLLC
    Anthony Urie, PLLC | Anthony Urie
    You can be charged with DUI if the officer or anyone else saw you drive. However, you have a stronger argument of prevailing based upon failure of the prosecution burden of proof.
    Answer Applies to: Washington
    Replied: 6/7/2012
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    If you were found behind the wheel of a car with the motor running, it creates a presumption (which you can rebut in court) that you were driving it.
    Answer Applies to: Georgia
    Replied: 6/7/2012
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    Yes, you can be charged with DUI, but it does make your case stronger. If you (or your lawyer) can argue that you never drove to a jury, you have a stronger case.
    Answer Applies to: Utah
    Replied: 6/7/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Yes, by showing you were the one that drove a car while under the influence, like finding you asleep in the seat, or standing beside the car on the freeway, etc. I can help you fight the criminal charges and get the best outcome possible. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession 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. Effective plea-bargaining, using those defenses, could possibly reduce the potential time and other penalties you face. 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 plea bargain, or take it to trial if appropriate. A little free advice: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking 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 an automatic one year suspension of your license imposed by DMV. That 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 DMV appeal hearing and present any supporting evidence and testimony. If you don't know how to do these things effectively, then hire an attorney that does.
    Answer Applies to: California
    Replied: 6/7/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    In Illinois, you can be arrested for DUI if you are in actual physical control of the vehicle, and do not need to be caught driving. All the officer needs to see is you behind the wheel of the vehicle, with the keys in ignition.
    Answer Applies to: Illinois
    Replied: 6/7/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    There has to be some driving, as that is an element of the crime of DUI. Your driving could be witnessed by a third party, who reports you to the arresting officer. I suggest you retain an attorney to help you review the facts of your case.
    Answer Applies to: Washington
    Replied: 6/7/2012
    Steven Alpers | Steven Alpers
    Yes they can try to prove driving from circumstances such as if the car is running, if the engine is warm, are you at home or somewhere else.
    Answer Applies to: California
    Replied: 6/7/2012
    San Diego DUI Law Center
    San Diego DUI Law Center | Rick Mueller
    Maybe.
    Answer Applies to: California
    Replied: 6/14/2013
    Michael S. Edwards, Attorney at Law, PLLC | Mike Edwards
    Yes, they can charge you. But at least you have an argument as to their not having good proof that you were not driving or in actual physical control of a motor vehicle, which is what the law requires them to prove beyond a reasonable doubt, to convict you of DUI. Good luck! A good attorney should be able to do some good work with a factual issue like this, if the evidence bears it out.
    Answer Applies to: Utah
    Replied: 6/7/2012
    Northwest Defense Team, PLLC
    Northwest Defense Team, PLLC | Amanda Kunzi
    This depends on the circumstances. If anyone (other drivers, pedestrians, etc.) saw you driving and can testify to the manner in which you were driving, the State could move forward with a DUI charge. Additionally, the State is allowed to rely on circumstantial evidence to prove a case. This means that if there are enough facts that would allow a reasonable person to infer you were driving, the State could technically still charge you with DUI, even if an officer did not actually see you driving. If no one sees you driving and there is no evidence you were actually driving, the State can still charge you with Physical Control of Vehicle Under the Influence (RCW 46.61.504). This charge is also a gross misdemeanor and merely requires a prosecutor to prove that you had control over a motor vehicle while under the influence of alcohol or drugs. Being "in control" of a motor vehicle can mean a variety of things including being in a motor vehicle with the ignition running, regardless of whether any driving actually occurred. Physical Control carries the same penalties as a DUI in Washington. Either way, if you have been arrested for DUI or Physical Control you should contact an experienced DUI attorney in your area to explore your options.
    Answer Applies to: Washington
    Replied: 6/7/2012
    Border Law Firm
    Border Law Firm | Teresa Lynn Border
    It depends on what other evidence there is to show you were (or were not) driving. Circumstantial evidence can often lead to a conviction. If you were charged, you need an attorney.
    Answer Applies to: Washington
    Replied: 6/7/2012
    Law Office of Christopher G Humphrey PC | Christopher G Humphrey
    They can charge you with what ever crime they honestly believe they have probable cause to arrest / cite / or file information on you for. Your only recourse is to make them prove their case at trial. Lawyers cannot prevent arrests, we can only argue for your release later.
    Answer Applies to: Wyoming
    Replied: 6/7/2012
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    Yes, but it's much harder. They can use circumstantial evidence. It's a technicality that you need an experienced DWI attorney to handle.
    Answer Applies to: Texas
    Replied: 6/7/2012
    Pearson, Butler, & Carson, PLLC
    Pearson, Butler, & Carson, PLLC | Matthew R. Kober
    The officer or prosecutor has to establish that you were operating or in physical control of the vehicle. If the officer didn't see you it will be hard. But they could still get there if, for example, you ran away and then you were caught or something. If they can prove you were in physical control or operating the vehicle somehow then they can convict.
    Answer Applies to: Utah
    Replied: 6/7/2012
    Aaron Black Law
    Aaron Black Law | Aaron Black
    Yes, it is possible but it makes the case harder to prove.
    Answer Applies to: Arizona
    Replied: 6/7/2012
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    Yes. If you admitted driving, were in a place you only could have driven to or if you had the keys in the ignition even if the car was turned off, you could be convicted of DUI, possibly.
    Answer Applies to: Colorado
    Replied: 6/7/2012
    Bruce Plesser | Bruce Plesser
    Operation is an element to the crime. Operation can be proven if you are behind the wheel.
    Answer Applies to: Florida
    Replied: 6/7/2012
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    There are two standards in any arrest/conviction process. The standard for arrest is probable cause. The standard for conviction is beyond a reasonable doubt. Reasonable doubt is much higher and harder to achieve. So, yes, you can be arrested if the police officer didn't see you driving and you might even be convicted, but there will have to be enough admissible evidence to prove, beyond a reasonable doubt, that you were the driver. HIRE a LAWYER!!!
    Answer Applies to: Massachusetts
    Replied: 6/7/2012
    Law Office of Evan E. Zelig
    Law Office of Evan E. Zelig | Evan E. Zelig
    Yes, it is possible to get arrested for driving under the influence (DUI) even though the officer did not see you driving. It may be possible for an officer to arrest you based on other information and evidence they have indicating you were driving a vehicle while under the influence. Often times driving is witnessed by a citizen who calls police, or not witnessed at all, but proven by other circumstantial evidence. It is important to contact a lawyer to fight your DUI case properly!
    Answer Applies to: California
    Replied: 6/7/2012
    Grantland, Blodgett, Shaw & Abel
    Grantland, Blodgett, Shaw & Abel | Gregory M. Abel
    Yes, they simply have to prove you were driving while influenced by a controlled substance.
    Answer Applies to: Oregon
    Replied: 6/7/2012
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