dui arrest
I was sitting in my vehicle at the side of a public road, engine off, listening to music. homeowner nearby was concerned, called police. when they arrived they asked me to take a breathalizer test - declined. they then arrested me for dui. Is this legal? I wasn't driving, vehicle not even running.
3 Answers from Attorneys
Re: dui arrest
The question is whether you were in physical control of a motor vehicle. You need to contest this at motor vehicle and court.
Re: dui arrest
It often comes down to whether the keys were in the ignition. In addition most police departments will arrest for DUI if it appears that you drove to the location after consuming alcohol even though the car is not running and the keys are not in the ignition. If you have questions you can email me directly.
Re: dui arrest
the police believe that you are in actual physical control of the car and that is sufficient for probable cause of driving. likely not sufficient beyond a reasonable doubt, but it is enough to arrest.
did you take any test whatsoever? if not and they cuffed you, then you probably had your drivers license taken. You should go to the local DMV and request a hearing asap (law says within 7 days) so that you can try to keep your DL. I suggest not requesting the police officer.
You face a 1 year loss of license for refusal at DMV hearing and a second year of losing license if convicted of DUI.
I would hire an attorney - lots of little ways to lose this that an attorney can help you overcome.
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