Bothell Kirkland King County DUI Drunk Driving Lawyer: DUI Questions / Answers
Bothell Kirkland DUI / DWI / Drunk Driving Lawyers- Experienced, Successful, Affordable
(425) 493-1115
Question: Can I be charged with a DUI if the car was not on?
Question Detail: I was outside my car getting something out of my trunk. The cops pulled up on me and asked for identification and I refused. They arrested me and charged me with DUI. They did not witness this vehicle in motion.
The answer is NO, you cannot be lawfully charged (actually you can be charged, but not convicted) if you were outside of your vehicle, had not control over your vehicle (keys not in the ignition) and no one saw you drive. If no one saw the vehicle move and no one saw you drive, then there “driving” element of driving under the influence cannot be proven. There is a sister offense called “physical control” and if you can dominion over your vehicle (being in the vehicle with keys) then you can charged/convicted of that offense. However, based on the facts provided you cannot be convicted of DUI or physical control.
For information on your Washington State DUI / Drunk Driving, Snohomish County DUI, King County DUI, Skagit County DUI, Island County DUI or Whatcom County DUI please contact our Washington State DUI drunk driving attorneys for a free consultation at 425-493-1115, email us at david@davidjollylaw.com, or check out our main website at http://www.washdui.com or www.mukilteodui.com, www.everett-dui.co, www.marysville-dui.com, www.dui-bothell.com, or www.anacortesdui.com. We represent DUI clients in every court in Western Washington including Seattle DUI cases, Kirkland DUI cases, Redmond DUI cases, Shoreline DUI cases, Lynnwood DUI cases, Everett DUI cases, Mukilteo DUI cases, Marysville DUI cases, Mt. Vernon DUI cases, Anacortes DUI cases, and Bellingham DUI cases.
Author of The DUI Handbook for the Accused, DUI/DWI: The History of Driving Under the Influence, The DUI Investigation Handbook, The Traffic Ticket Handbook and The Drug DUI Handbook.
Bothell Kirkland DUI / DWI / Drunk Driving Lawyers- Experienced, Successful, Affordable
(425) 493-1115
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