Can you still be charged with DUI when you’re not in the car or keys or found behind the wheel? 16 Answers as of November 16, 2012

Three years ago state is trying the case just got the letter in the mail. For a DUI but I was not in the car in the gas station they said that I hit a parked truck but I was not in the car nor was I driving the car. I came out of the gas station and they were outside. How can I get a DUI charge against me and what do I have to do to get it dropped.

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The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
Unless you admitted to driving the prosecutor may not be able to prove operation of the vehicle and you could be found not guilty.
Answer Applies to: New York
Replied: 11/16/2012
Gonzalez Law Associates P.C.
Gonzalez Law Associates P.C. | Carlos Gonzalez
HIRE A LAWYER ASAP - yes, they may have sufficient evidence based on your description to charge you, you would have had to get to the gas station somehow and would also have to leave somehow... there is case law which allows them to make presumption... HIRE A LAWYER ASAP!
Answer Applies to: New York
Replied: 11/14/2012
Craig Epifanio, P.A.
Craig Epifanio, P.A. | Craig Epifanio
There are many things you can do to get it dropped, but you need a professional. Hire an attorney with experience in these matters. There may be statute of limitations, speedy trial, actual physical control, and a host of other issues. An attorney can analyze your case to see what is the best way to handle this.
Answer Applies to: Florida
Replied: 11/14/2012
Michael Breczinski
Michael Breczinski | Michael Breczinski
I would have to see the police report to find out why they think they can prove that you were driving.? You need to get an attorney and fight the matter.
Answer Applies to: Michigan
Replied: 11/12/2012
Law Offices of Phil Hache
Law Offices of Phil Hache | Phil Hache
It is possible that they can charge you with a DUI even though they didn't witness driving. But based on what you wrote, your case has many potential defenses. Lack of observed driving, the fact that the case is three years old and they are just now pressing charges (that is potentially a huge issue for the prosecutors). You should speak with a DUI Attorney in your area as soon as possible to get a more specific assessment of your case.
Answer Applies to: California
Replied: 11/12/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license. Without a lawyer, you're a sitting duck (the prosecutor will use circumstantial evidence to show that you were driving just a few minutes prior to the cop's arrival at the scene).
    Answer Applies to: California
    Replied: 11/12/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    Prove to the jury you weren't drunk.
    Answer Applies to: Michigan
    Replied: 11/12/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    If you had the keys you were in actual physical control.
    Answer Applies to: Washington
    Replied: 11/12/2012
    San Diego DUI Law Center
    San Diego DUI Law Center | Rick Mueller
    Yes.
    Answer Applies to: California
    Replied: 11/12/2012
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    If they have evidence that you were driving the car at some point, they can still charge you with DUI. The police do not need to personally witness it. Other people seeing you drive the car is enough evidence. It sounds like you need a lawyer, and that is your best chance of getting the charges dismissed.
    Answer Applies to: Utah
    Replied: 11/12/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    The case is probably NOT getting dropped. So, get a qualified attorney, who can subpoena all of your alibi witnesses, since you were not in the gas station.
    Answer Applies to: Georgia
    Replied: 11/12/2012
    The Law Offices of Harold L. Wallin | Harold L. Wallin
    You can be prosecuted if the state can either have someone testify that you were driving at the time of the accident (and show that you were intoxicated during that time) or if they can make a circumstantial case that you had been driving shortly before the police arrived at the gas station. You might still prevail, if the evidence is weak.
    Answer Applies to: Illinois
    Replied: 11/12/2012
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    The burden is on the state to prove that you drove, operated, or were in physical control of the vehicle while "under the influence". In your case, the police obviously believe that they have evidence that you were driving when the accident happened. They can charge you but they do have to prove their case. Proof can be a matter of producing direct evidence or sufficient "circumstantial evidence" to convince a jury that you were driving.
    Answer Applies to: Minnesota
    Replied: 11/12/2012
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    They are relying upon an inference that the car did not drive itself during the accident. This inference can be overcome. You need an experienced dui lawyer.
    Answer Applies to: New Jersey
    Replied: 11/12/2012
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    If that are witnesses to your driving you can still be charged with a DUI.
    Answer Applies to: California
    Replied: 11/12/2012
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    You need to contact an attorney in the county that your charge is pending asap.
    Answer Applies to: Minnesota
    Replied: 11/12/2012
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