dui arrest when I was not driving
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
dui arrest when I was not driving
why was I charged with dui when I was not in my car. I was on the street and the keys to the car was still in my purse
Asked on May 5, 2009 under Criminal Law, Arizona
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
In order to get a DUI, you must be driving or in actual physical control of a motor vehicle. Driving is easy to understand, either your in motion or not. Actual physical control of a motor vehicle applies when your vehicle is parked. This can be if your just sitting in your car with engine running trying to stay warm until your ride comes. It can be pulling of the road, shutting the car off but leaving the keys in the ignition. I have heard of prosecutors claiming actual physical control when the engine was off, keys were out of the ignition on the passenger seat.
DUI prosecutions arise even when the person is not in their car when police arrive. A common scenario I have seen is people crashing or leaving their cars then, later after police arrive, admitting to police they were driving. In many cases like this, the police did not have probable cause to make a DUI arrest until the suspect opened their mouth and admitted they had been driving. It is surprising how many people incriminate themselves this way.
Since I don't have more facts it's hard to say more definitively. However, the fact that this is a criminal matter means that you should most definitely be represented by counsel in your area. Remember, this will affect both your driving and criminal record. My advice is to retain an attorney, preferably one that specializes in DUI cases.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.