Arrested for DUI- In car, not driving, didn't put keys in ignition
I am underage (20) and I was attending a going away party for a co-worker with two friends in which we plannned to stay overnight. The police came and informed everyone that they must leave. I didn't want to get in trouble or drive so I asked my friend for my keys so that we could wait in the car until the police left. I unlocked my car and immediately gave my keys back to my friend in the back passenger seat. It was like the police set me up because they came to my car, told my friends to return to the house and call a cab, and arrested me for a DUI!!!!! I Never intended to drive! Should I fight this case???
3 Answers from Attorneys
Re: Arrested for DUI- In car, not driving, didn't put keys in ignition
According to the Supreme Court of Colorado, a person is driving if they can put the car in motion with minimal effort. They have interpreted that to include someone asleep in the backseat of their car as driving which is preposterous, but it is the law here. Having said that, you should fight it because even if the law says that that is driving, it is pretty hard to convince a jury that that is driving. Obviously the issue becomes whether they would believe it was your intent to merely wait in the car or not. But, it is certainly something worth fighting.
Re: Arrested for DUI- In car, not driving, didn't put keys in ignition
I have tried cases like this before with worse facts than yours and won. I would fight it. You will likely also be charged with underage drinking, but that is a much lower charge. A lawyer can really help you on a case like this.
Jason - 720-406-6969
Re: Arrested for DUI- In car, not driving, didn't put keys in ignition
Yes!
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