If I wasn't in the car when the police came, can I be convicted of DUI ? 3 Answers as of May 09, 2017

I left the club around closing time (2 am). I don't remember anything else until I hit a fence around 4:30 AM. I was about 7 miles away from the club. I called some friends who arrived about an hour later. One of my friends drove my car about 10 minutes and said we needed to call for a tow truck. That call was placed to 6:18 AM. The car was already on the bed of the tow truck, in fact we were just getting ready to leave when the police arrived a little after 7:30 AM. I was given a field sobriety test and a breathalyzer. I blew .11 and was arrested. My car was not impounded since AAA already had it in its possession. My friends were told to go home. I was booked at 8:47 AM, given a blood test, but I do not know the results of that test, yet. What are my odds of not being convicted?

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Chambers Law Firm
Chambers Law Firm | Dan E. Chambers
No one can give odds on your case, particularly without more information and the police reports. Contact some experienced DUI attorneys and get specific guidance.
Answer Applies to: California
Replied: 5/9/2017
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
Yes, because they can use circumstantial evidence to show you were in the car just a moment prior to contact. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answer Applies to: California
Replied: 5/8/2017
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
You can be convicted even if you were not seen driving if the police and DA believe they could prove that you were under the influence/.08 or above and driving earlier. It is a matter of proof. Under state law your arrest might have been illegal however and thus you should contest any DMV suspension.
Answer Applies to: California
Replied: 5/8/2017
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