Is it legal for my wife to be charged with DUI if she’s already in my drive way? 12 Answers as of March 31, 2014

My wife had dinner and drinks with coworkers after work, came home and started packing to move to in. The power is shut off to the house. It was getting late and she needed to charge her phone. So out to her truck, she goes charging her phone at 9:30 and falls asleep when doing this. Next thing she knows she is being pulled out of her truck by the officer and getting a DUI, at 1:30 or 2:00 in the morning. Please help if you can.

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Law Office of Robert E McCall | Robert McCall
She is SOL.
Answer Applies to: Florida
Replied: 3/31/2014
Robert S. Evans ESQ | Robert S. Evans ESQ
You may have defenses available more info is required.
Answer Applies to: New York
Replied: 3/31/2014
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
She needs to hire a DUI specialist, and do it soon because she has only 10 days to save her license.
Answer Applies to: California
Replied: 3/31/2014
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
She is in control of the vehicle and she is intoxicated. It sounds like a great DUI case to me.
Answer Applies to: Georgia
Replied: 3/31/2014
Michael Breczinski
Michael Breczinski | Michael Breczinski
Were the keys in the ignition? Was the car running? These are things that go to "operating a motor vehicle" that most States have in their law.
Answer Applies to: Michigan
Replied: 3/31/2014
    Law Office of Thomas A. Medford, Jr., PC
    Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
    Generally in most jurisdictions if the keys are in the car DUI arrests have been held valid. I would urge your wife to consult an attorney who is skilled in representing persons charged with DUI.
    Answer Applies to: District of Columbia
    Replied: 3/31/2014
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    It sounds like she may have some defenses including the reason for the initial police contact. Retain an experience DUI attorney in your area to fight this.
    Answer Applies to: Michigan
    Replied: 3/31/2014
    Hudson Bair | Hudson Bair
    Under these facts the prosecution will have difficulty pricing their case, a DUI defense attorney can help her defend against these charges.
    Answer Applies to: California
    Replied: 3/31/2014
    The Law Offices of Harold L. Wallin | Harold L. Wallin
    Yes, this is a DUI. However, her license can't be suspended because it happened on private property.
    Answer Applies to: Illinois
    Replied: 3/31/2014
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    I would need to know the facts. But if someone observed her driving, she could be.
    Answer Applies to: Washington
    Replied: 3/31/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    I would need to have all the details and circumstances, but generally a person in a position to operate the vehicle who is inebriated can be charged with DUI even though the vehicle is not actually moving.
    Answer Applies to: Michigan
    Replied: 3/31/2014
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    You can be charged with a DUI whenever and wherever you are in control of the vehicle while under the influence.
    Answer Applies to: Nevada
    Replied: 3/31/2014
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