Do I have a good chance at beating a DUI if I was not driving? 1 Answers as of December 08, 2010

I am 18 yrs old and charged with a DUI. I was parked on the side of the road in a neighborhood leaving a party. I had someone who was supposed to drive but we got into an argument and she got out of the car. The car was not started when I was getting my license for the police officer. I needed to get it out of my trunk, so I get out and while I am standing outside I ask if I can get back in my car to turn on the heat the officer says yes. A few minutes later he comes and gives everyone a breathalyzer and I am first and it comes out to a small number. He tells me I am under arrest for DUI, they end up towing my car and I had got a ticket for it. I still have to go to court, do you think there is any way I am able to beat this if I was not driving?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Beaulier Law Office
Beaulier Law Office | Maury Beaulier

Now more than ever, there are many strong challenges to DWI offenses. Tests performed to determine blood alcohol levels are under attack and are often in accurate. In your case, it would seem that you have a strong defense and may challenge that you were never operating the motor vehicle.

A first offense is a fourth degree offense. This is still serious and carries with it maximum criminal penalties of up to 90 days in jail and a $1000 fine. If convicted any subsequent DWI offense would be much more serious and with four offenses in ten years, you can be charged with a felony. As a result, as strong defense on the first alleged incident can be critical to your future. Different Judges give different sentences. Accordingly, understanding your Judge and knowing how to change Judge's can be an important part of the process.

There is also a civil case that results in the revocation of your driver's license. On a first offense over your lifetime, you may be revoked for 30 to 90 days. This is a separate case even though the challenges are largely the same. In order to challenge your license revocation, you must seek a judicial review by filing a petition within 30 days of the offense. Do not forget this critical time period. All too often people with strong defenses come to me too late to challenge the license revocation. The end result goes well beyond simply having your license revoked. A failure to challenge results in an Implied Consent violation on your record which can also affect employment and may be used to enhance any subsequent DWI offense.
Answer Applies to: Minnesota
Replied: 12/8/2010
Click to View More Answers: