Will my husband get convicted for drunk driving? 47 Answers as of June 18, 2013

My husband had a few too many while we were at a friend's party. I insisted to drive but some of his friends insinuated that I am taking charge and in a way questioned his manhood. I know that this is stupied but to avoid confrontation, I let him drive thinking that I can ask him to pull over several blocks away. I was able to successfully convince him to switch seats when we were away from his friends. We pulled over and switch seats. Unfortunately, an police car approached us while we were switching seats and they saw that my husband was the one driving. I explained the situation to the police officers but they still charged my husband with drunk driving. What should I do? Is there any chance for my husband not to get convicted for this? He only drove 2 blocks.

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
With any criminal charge, I strongly urge you to get him a lawyer. There can be long-term consequences and he is presumed innocent until proven guilty. Simply because a person is charged does not mean that they are guilty of any offense. The prosecutor must prove guilt beyond a reasonable doubt. He has a right to legal counsel and should not be afraid to exercise his rights.
Answer Applies to: Michigan
Replied: 6/11/2012
Law Office of Thomas A. Medford, Jr., PC
Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
Your husband could be convicted. I suggest you have your husband consult with an attorney skilled in the defense of DUI cases as soon as possible.
Answer Applies to: District of Columbia
Replied: 3/21/2012
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
It does not matter how far he drove if he was under the influence/above .08. I would suggest that you retain an experienced certified criminal law specialist to represent him.
Answer Applies to: California
Replied: 3/19/2012
Law Office of Michael R. Garber
Law Office of Michael R. Garber | Michael R. Garber
It might be possible to beat the charge, but the fact he was no longer driving doesn't beat the case if the cop saw that he had been driving. Explaining what happened to the cop just gave additional evidence that he had been driving.
Answer Applies to: Louisiana
Replied: 3/16/2012
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
A DUI can be charged when a person operates or attempts to operate a motor vehicle while impaired due to alcohol or drugs or both.
Answer Applies to: Kansas
Replied: 3/16/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    If your husband even entered the car with keys and the intention of driving, even if the car was not started, he has committed the offense of DUI. The fact that police observed him driving, event hough you and he agreed to switch seats, would be sufficient to support the arrest. You might hope that the Court will consider this at the trial of this matter for a resolution in favor of your husband but don't count on it.
    Answer Applies to: Alabama
    Replied: 3/15/2012
    Law Offices of Eric J. Bell | Eric J. Bell
    All the facts and circumstances regarding the arrest are needed. It matters if field sobriety tests were conducted, was there a blow and what else did the officer observe.
    Answer Applies to: Illinois
    Replied: 3/14/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Whether he drove 2 blocks or 2 miles, he was still driving and can certainly be charged with DUI, no matter what your explanation. The penalties for conviction are substantial and have long lasting impact.
    Answer Applies to: Washington
    Replied: 3/14/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    He can still be convicted if he drove two inches. He's going to have to fight the charge with a attorney.
    Answer Applies to: New York
    Replied: 3/14/2012
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    Thank you for your inquiry You should retain an attorney to represent him in this case. This may be a good case for a trial, as there are great sympathies in this case. It may also be grounds to change the charge to a non-drinking offense. What can be accomplished will depend on your Court and prosecutor.
    Answer Applies to: Michigan
    Replied: 3/14/2012
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    For a DUI charge there is no limit to the distance that the person drives. If your husband got in the driver's seat and put the keys in and fell asleep an officer could charge him with a DUI. As to whether he can be convicted of the DUI he needs an attorney to examine the case to let you know how to precede.
    Answer Applies to: California
    Replied: 3/14/2012
    Hynum Law Office, LLC
    Hynum Law Office, LLC | G. Wayne Hynum
    You don't provide enough facts for me to know if your husband will likely be convicted or not. One issue I see is why did the police approach you in the first place? Did they have probable cause? Was your husband acting drunk? Was he given a field sobriety test? Was he given an intoxylizer test at the station? You need to consult with an attorney who is experienced at handling DUI cases.
    Answer Applies to: Mississippi
    Replied: 3/14/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    You seem to have a valid "Save Shelter defense". Once he understood he was too drunk he pulled over and you were going to drive.
    Answer Applies to: Nebraska
    Replied: 3/14/2012
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    A person can be charged with a DUI simply for sitting in the drivers seat while the car is parked. Your husband should talk to a DUI attorney.
    Answer Applies to: Michigan
    Replied: 3/14/2012
    Bensmochan & Poghosyan, LLP
    Bensmochan & Poghosyan, LLP | Ruzanna Poghosyan
    It does not matter that your husband drove only 2 blocks. If the police saw your husband driving, then the driving element of DUI is satisfied (the police will testify, plus your explanation of the situation, which shouldnt be given). Hire an attorney. Your attorney may be successful in challenging the tests (FST, chemical, etc.) and defeating prosecutions argument that your husband was under the influence *at the time of driving*.
    Answer Applies to: California
    Replied: 3/14/2012
    Law Office of Ronald Aronds, LLC
    Law Office of Ronald Aronds, LLC | Ronald Aronds
    If the officer did not actually observe yoru husband driving you may actually have a defense to this charge.
    Answer Applies to: New Jersey
    Replied: 3/14/2012
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    The law is in control of the vehicle when you are under the influence. You can get a DUI just sitting in your car. Please seek representation as soon as possible.
    Answer Applies to: Minnesota
    Replied: 3/14/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    If he was driving drunk he will be convicted of either DWI or DWUI, depending on how drunk he was according to the officer's testimony. Drunk driving is like firing a gun at a moving train and hoping no one gets hit by the bullets. Both you and your husband showed very poor judgement and neither of you should have listened to his friends or cared about what they were saying or implying. You risked your lives as well as the lives of thousands of innocent drivers who have a right to drive on a highway without some dangerous drunk weaving all over the road.You should retain a good criminal lawyer to try and get the Impaired conviction sine he was operating the vehicle and therefore cannot win the trial, he can only get a reduction to the violation.
    Answer Applies to: New York
    Replied: 3/14/2012
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    If he drove on a public street for 2 blocks, and he was less safe to drive (even if he did not test over .08 BAC), then that is enough to support a conviction for DUI in Georgia.
    Answer Applies to: Georgia
    Replied: 3/14/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    If this occurred in illinois, the mere fact he was behind the wheel, regardless of whether the car was moving, even, if sufficient to charge a driver with DUI. If this is a first offense, he may get supervision, which would not result in a conviction, and revocation of his license. You should find a good defense attorney to represent him in court, as there is a possibility of doing jail time, although if a first offense, it is highly unlikely he will get any time at all.
    Answer Applies to: Illinois
    Replied: 3/14/2012
    Law Office of Andrew Roberts
    Law Office of Andrew Roberts | Andrew Stephen Roberts
    Your husband needs an attorney. I think there is a good defense in that the officer never saw your husband actually drive.
    Answer Applies to: California
    Replied: 3/14/2012
    Gonzalez Law Associates P.C.
    Gonzalez Law Associates P.C. | Carlos Gonzalez
    You need a good attorney asap, technically the distance is irrelevant as NY law only requires a person be behind the wheel and the key be in the ignition.
    Answer Applies to: New York
    Replied: 3/14/2012
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    Unfortunately sny driving at all amounts to a Dui if he was over the legal limit. under certain circumstances the charge may be reduced.
    Answer Applies to: California
    Replied: 3/14/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Your husband should get different friends. Yes he can be charged with DUI no matter how short the distance is that he drove. He needs a good attorney.
    Answer Applies to: Michigan
    Replied: 3/14/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Two blocks or two feet, driving is driving. There may be a way to beat the case, but as I explained to a client earlier today it is no defense to rape that you/accused did not enjoy it. You need to retain an attorney.
    Answer Applies to: Georgia
    Replied: 3/14/2012
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    Switching seats is not a valid reason to be detained by a cop, unless he saw your husband commit a traffic infraction before switching seats.
    Answer Applies to: California
    Replied: 3/14/2012
    DeVito & Visconti, PA
    DeVito & Visconti, PA | John E DeVito
    Technically your husband is guilty of OUI. He will likely avoid a conviction in Massachusetts if he admits responsibility, but, he will lose his license, pay fees and costs, and attend an alcohol program. If he goes to trial he will be looking for a jury nullification verdict. That is although technically guilty, they chose not to convict.
    Answer Applies to: Massachusetts
    Replied: 3/14/2012
    The Pilgrim Law Firm
    The Pilgrim Law Firm | Marc Pilgrim
    It is important you get an attorney to represent your husband. They can charge him in this situation but he has some defenses.
    Answer Applies to: Georgia
    Replied: 3/14/2012
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    The best way to fight a DUI charge, no matter the circumstances, is to hire an attorney that will fight for you.
    Answer Applies to: Hawaii
    Replied: 3/14/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    The honest answer is that no attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, police reports, testimony, priors history, etc. A little free advice: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony. If you don't know how to do these things effectively, then hire an attorney that does. Of course you can fight the charges. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession 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 that does, who will try to get a dismissal, diversion program, charge reduction, or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I'll be happy to help, using whatever defenses there may be.
    Answer Applies to: California
    Replied: 3/14/2012
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    Your husband has technically violated the statute. It is possible that the prosecutor would be inclined to be more lenient than the officer. You won't know unless your husband enters a plea of "not guilty".
    Answer Applies to: Minnesota
    Replied: 3/14/2012
    Quitmeier Law Firm, P.C.
    Quitmeier Law Firm, P.C. | William M. Quitmeier
    Yes.Two blocks is enough for a DUI.
    Answer Applies to: Missouri
    Replied: 3/14/2012
    T.K. Byrne | Timothy K. Byrne
    If the officer saw your husband operating the car on a public roadway under the influence of alcohol, he will charge him for DUI. The lenght of the trip is not relevant, only that he operated the vehicle. There is always a change of non-conviction. Nevertheless, it is not a good chance under these facts. Disd the office conduct a breathalyzer test and what were the results? If he was below .08 or refused the test , it is worth seeking counsel to discuss trying the case.
    Answer Applies to: Mississippi
    Replied: 3/14/2012
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    The distance he drove is not relevant. If he drove, or was observed to be in physical control of the vehicle, he could be subject to the charge.
    Answer Applies to: Minnesota
    Replied: 3/14/2012
    Glass Defense Firm
    Glass Defense Firm | Jason M. Glass
    He could still be charged with a DUI even though you tried to do the right thing and switch drivers. This information would usually be taken into account when trying to negotiate a potential plea with the prosecutor. You should speak to a qualified DUI defense attorney immediately.
    Answer Applies to: West Virginia
    Replied: 3/14/2012
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    Why did the police stop you? How bad was his driving. Did the police actually see him driving? Can they prove that you weren't on the side of the road for a long time.
    Answer Applies to: California
    Replied: 3/14/2012
    The Law Office of Stephanie M. Arrache
    The Law Office of Stephanie M. Arrache | Stephanie Arrache
    Unfortunately 2 blocks is enough. However, you will want to consult and attorney to discuss the situation. Did the cops actually see you driving? Did your husband admit that he drove? You'll want an attorney.
    Answer Applies to: California
    Replied: 3/13/2012
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    Any driving even sitting in a car with the keys in the ignition is considered enough driving to get a DUI.
    Answer Applies to: Colorado
    Replied: 3/13/2012
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    Yes, he can be convicted but you have a very persuasive case for a dismissal on the facts or even in the interest of justice.
    Answer Applies to: New York
    Replied: 3/13/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    A person can be convicted for DUI for sitting in a parked car if he or she is intoxicated and the keys are in the ignition. So two blocks or 200 miles it doesn't make a difference. Your husband needs to hire an experienced DUI defense attorney and both of you need to fire the friends that made an issue about who drove.
    Answer Applies to: Washington
    Replied: 3/13/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Distance driven is irrelevant. Even 1cm is enough. Your husband needs to hire a DUI specialist, and do it quick because he only has 10 days to save his license. A no-drive defense will be presented by the DUI specialist in court.
    Answer Applies to: California
    Replied: 3/13/2012
    The Law Offices of Harold L. Wallin | Harold L. Wallin
    It is not a valid defense that he only drove two blocks, or that you were going to take over. A jury may be willing to give him a break, however, but that would be "jury nullification." Your husband may have some other defense, however. Speak to a DUI defense attorney immediately.
    Answer Applies to: Illinois
    Replied: 3/13/2012
    Brucar & Yetter, P.C.
    Brucar & Yetter, P.C. | Wayne Brucar
    His defense of the DUI depends on the facts and circumstances of the stop. The back-story is irrelevant.
    Answer Applies to: Illinois
    Replied: 6/18/2013
    LeadfootSpeedingTicket.com
    LeadfootSpeedingTicket.com | Andrea Storey Rogers
    It doesn't matter that he only drove 2 blocks. He was still driving while intoxicate. You need to hire an attorney who specializes in DWI to represent your husband in court.
    Answer Applies to: Missouri
    Replied: 3/13/2012
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    There may be other factors that can be used in defense. However, only driving 2 blocks will not win the case. Speak with a lawyer, who like myself, specializes in OUI cases.
    Answer Applies to: Massachusetts
    Replied: 3/13/2012
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