If arrested for a DUI but were not in a vehicle at the time of arrest but at an individual's home, will this be dismissed in court? 37 Answers as of May 22, 2013

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Law Office of Thomas A. Medford, Jr., PC
Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
If the arresting officer saw you driving I do not believe the court would dismiss the charge.
Answer Applies to: District of Columbia
Replied: 9/25/2012
Law Office of Michael E. Dailey
Law Office of Michael E. Dailey | Michael E. Dailey
No. If they can show you were driving before you got to your friends house, they can make the case against you.
Answer Applies to: Missouri
Replied: 9/18/2012
Law & Mediation Office of Jeffrey L. Pollock, Esq.
Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
One would need to know a lot more about what was observed, the engine running, the keys in the ignition, etc.
Answer Applies to: Pennsylvania
Replied: 9/18/2012
Klisz Law Office, PLLC
Klisz Law Office, PLLC | Timothy J. Klisz
No it won't. You maybe able to fight it, but dismiss won't happen.
Answer Applies to: Michigan
Replied: 9/18/2012
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
No.
Answer Applies to: Tennessee
Replied: 5/22/2013
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    If a credible witness saw you driving immediately before you went into the house, the charge should stick. If the observation occurred well before the arrest, you stand a good chance of a dismissal.
    Answer Applies to: Illinois
    Replied: 9/18/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Dismissal? Not unless you can 100% conclusively prove to the DA that you were not operating the vehicle at all, and the police mis IDed you. Unlikely that claim will work except at trial, where it would be is a good defense that should result in an acquittal. A little free advice: If arrested for DUI, whether alcohol or drugs, then upon release from jail or booking, the defendant is given documents that include a notice that he has only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of license imposed by DMV upon arrest. That is separate and runs consecutively with any suspension that may be imposed by DMV or the court upon conviction. Contact DMV and do so, timely if you think you have grounds for appeal, then appear at the scheduled DMV appeal hearing to present your supporting evidence and witness testimony. If you don't know how to do these things effectively, then hire an attorney that does. If you are charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement 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. 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, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, and if the charges are in SoCal courts, feel free to contact me. I'll be happy to help fight this and get the best outcome possible, using whatever defenses there may be.
    Answer Applies to: California
    Replied: 9/16/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Not if someone (a witness) can put you behind the wheel.
    Answer Applies to: Washington
    Replied: 9/16/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    The State will have to prove you were operating a vehicle while under the influence by producing evidence, if they cannot, it should be dismissed.
    Answer Applies to: Kansas
    Replied: 9/16/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Depends on what evidence the cops have to prove the charge.
    Answer Applies to: Michigan
    Replied: 9/16/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    It may but you would likely have to have a trial.
    Answer Applies to: Nebraska
    Replied: 9/16/2012
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    Because this involves a question of fact and essential element which the State must prove beyond a reasonable doubt, we recommend that you retain an experienced criminal lawyer to help you. Good luck.
    Answer Applies to: Georgia
    Replied: 9/16/2012
    Law Offices of Matthew M. Friedrich, PLLC | Matthew M. Friedrich
    Not necessarily but you would be wise to hire counsel to analyze the case and, if possible, move for a dismissal on your behalf. There are just too many pieces of the puzzle missing, from your inquiry, to gauge the possible success of such a motion.
    Answer Applies to: Michigan
    Replied: 9/16/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    If you admitted to driving the car, and I suspect that you did, or there is a witness who identified you as the driver then there was probable cause for the arrest. If they cannot prove that you were driving or that you were intoxicated then it can be dismissed or you can win the trial.
    Answer Applies to: New York
    Replied: 9/16/2012
    Mary W Craig P.C. | Mary W Craig
    The state has to prove you were driving. If the cop saw you driving or has a witness who saw you driving, the charge will hold up.
    Answer Applies to: Alabama
    Replied: 9/16/2012
    Nichols Law Firm
    Nichols Law Firm | Michael J. Nichols
    Potentially but the devil is in the details as they say.
    Answer Applies to: Michigan
    Replied: 9/16/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    I need more facts.
    Answer Applies to: Michigan
    Replied: 9/16/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    That depends on whether anyone saw you drive and whether you had the keys in your pocket. There may also be a search issue to raise depending on the facts.
    Answer Applies to: Washington
    Replied: 9/16/2012
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    The element of Operation, as well as Public Way and .08% or Impaired Ability must be met to convict you of OUI. If the government cannot prove that you were the operator of the vehicle then you should be found not guilty. Your lawyer should be able to address this with you. If you do not have a lawyer, get one. You may have a winnable case, but without a lawyer, you will not likely prevail.
    Answer Applies to: Massachusetts
    Replied: 9/16/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    You can be arrested for DUI or for drunk in possession. If you have the keys for a car and are outside the car that is sufficient for an arrest and for possible conviction. DUI and drunk in possession are one and the same and carry the same penalty.
    Answer Applies to: Alabama
    Replied: 9/16/2012
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    The question is whether you were seen driving the car by a police officer or other witness prior to your arriving at the house. I need more information.
    Answer Applies to: New Jersey
    Replied: 9/16/2012
    Meadows & Howell, LLC
    Meadows & Howell, LLC | Brad Howell
    This would ultimately depend upon the specific facts of your case. Were you driving under the influence prior to the officer arriving at the home? Did any officers witness your driving behavior before you arrived at the home? Why did the officers make the arrest at a residence instead of stopping you on the street? If the police report indicates that your driving behavior was witnessed by a police officer and determined to be erratic enough so as to legally stop you, then the fact that you were later found at a residence won't necessarily dismiss your case. The prosecutor will have to determine whether the officers followed proper procedure, and what led to the officers making the arrest for a DUI at a residence. Assuming that there are no procedural mistakes found within the police report, it is unlikely that the prosecutor will dismiss the case. At that point in time, if you feel that this is an improper charge, then you would have to take it to trial. Again, with the limited amount of information that I have at this point, I unfortunately can not tell you whether any procedures or legal rights were violated. It is entirely possible for an officer to legally arrest you for a DUI at a residence, depending upon the specific facts of why and how it occurred.
    Answer Applies to: Alabama
    Replied: 9/16/2012
    Law Offices of Sheryl S. Graf
    Law Offices of Sheryl S. Graf | Sheryl S. Graf
    Not necessarily. The prosecuting attorney may be able to prove driving through facts other than being seated behind the wheel at the time the police arrived. I question whether the officer's entry into the home was proper. If not, the evidence obtained may be suppressed. I recommend that you have a competent criminal defense attorney review your case and aggressively pursue all defenses.
    Answer Applies to: California
    Replied: 9/16/2012
    Law Office of Brian K. Wanerman
    Law Office of Brian K. Wanerman | Brian K. Wanerman
    It depends. To convict you of DUI the prosecution must prove 1) That you drove a car 2) That, at the time you drove, you were under the influence of alcohol and/or drugs and 3) That the influence of the alcohol/drugs was such that you could not safely operate your car. Where you were arrested is irrelevant. If the prosecution has evidence of these three things, the court will likely find sufficient evidence to go forward with the case. If the prosecution does not have sufficient evidence, they the court should dismiss the case.
    Answer Applies to: California
    Replied: 9/16/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Need more details, you may have a defense, get an attorney.
    Answer Applies to: Michigan
    Replied: 9/16/2012
    Law Office of Russell A. Warren
    Law Office of Russell A. Warren | Russell A. Warren
    No - not necessarily. If you cand be "placed" in the vehicle as having custody and control of the vehicle either through your own statements or by a witness. They can charge you.
    Answer Applies to: Missouri
    Replied: 9/16/2012
    Pietryga Law Office | Russ Pietryga
    Sounds like the prosecutor is going to have a difficult time proving that you had actual physical control of the vehicle. However, make sure you request a DMV hearing. If you do not, you will automatically lose your license. Hope this helps.
    Answer Applies to: Utah
    Replied: 9/16/2012
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    Possibly, but not necessarily. The prosecution must think they have some evidence of you driving at some point. It may be possible to argue that any drinking you did, you did in the house, depending on the evidence. You should probably hire a lawyer as soon as possible to help you get the most favorable outcome.
    Answer Applies to: Utah
    Replied: 9/16/2012
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    My answer is it could be dismissed in court however if there is a witness to your driving it may not be dismissed.
    Answer Applies to: California
    Replied: 9/15/2012
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    Not automatically. Contact a dui attorney in your area to talk about your case in more detail.
    Answer Applies to: California
    Replied: 9/15/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    It won't be dismissed unless you have a good DUI specialist to fight for you in court. The prosecutor will use circumstantial evidence to show that you WERE driving just a moment ago. Without a good attorney you have ZERO chance of a dismissal.
    Answer Applies to: California
    Replied: 9/15/2012
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