Do I have any chance of fighting my DUI? 21 Answers as of February 22, 2012

In order to be properly convicted of a DUI, actual driving must be witnessed. So, based on the facts you've provided, yes, you do have a good case. However, the question remains, what were the cops doing there to begin with? I would suggest contacting an attorney local to you and discussing this in person with them, and in further detail.

Yes, absolutely! Under the facts as stated, the arrest was unlawful and your case should be dismissed. In order to do so however, you will likely need the assistance of an attorney, as it involves more than just going into court and asking the Judge to dismiss the case.

Yes! you have a good facts on your side and if the case is presented to a jury, You have a very good chance of beating this case.

Yes, you definitely have a chance of fighting this. Although they can file charges based on suspicion of DUI, one of the elements of the crime is actual driving. I would recommend consulting with a DUI defense attorney to discuss your case in more detail. If your case is in Southern California,

I would certainly take that case. There are four elements to establish in order to convict an individual of DUI. Based on your description, only two of those elements are established.

What you describe sounds completely and totally credible - I have no doubt every word is true. If 1 of 12 jurors believed the same, you win. The act of driving is a required element of a dui. Police must prove beyond a reasonable doubt that you were, in fact, driving. They always issue dui ticets to folks sleeping in their cars. I'd love to speak with you because I think we could present a successful defense and I would love to see the police get the message "Think twice!" before they do it again to an innocent person....We'd present the court records of your husband's DV case to establish the truthfulness of your motivation for leaving the house and the reason you were in the vehicle. You'd testify to the res. Without meeting you I believe you'd be very credible and you'd convince more than 1 of the 12 of the same.

This is one where you stand an excellent chance at fighting. One of the key components of a driving under the influence case is they must prove driving. Assuming your car was lawfully parked and not blocking the street, the arrest and subsequent blood test may have been unlawful, allowing your attorney to suppress the results. This is one to sit down with a local attorney and discuss in greater detail. Don't miss the 10 day window to contact the DMV and set up a hearing or you'll automatically have your license suspended.

You have a good chance, although they can prosecute if your keys were accessible. It is a defendable case.

Your DUI defense Attorney will have a field day with the issues set forth here

Yes, you do have a chance! Contact a good criminal defense attorney. Most criminal defense attorneys do a lot of DUIs, although some are better than others and some emphasize DUI cases. The key word is 'operate' a vehicle while under the influence, just so you know.

To be guilty of DUI, the prosecutor needs to prove that you were drunk at the time that you drove your car. If you didn't drive, nobody saw you drive, you didn't admit to driving and there's no other evidence that you drove, the case probably won't even be filed. If it is filed, you'll have a defense.