Legal Question in DUI Law in Maryland

DUI if not in car

Side swipped guardrail which blow out right two tires, no other vehicle involved. Drove to 7 11 and parked. While in 7 11 police drove by, saw car, pulled in and went into 7 11 and asked who car was. I said mine. The noticed a slur in my voice and gave a breathlizer which I passed. They arrested me for DUI. Sumitted to blood test which showed a legal prescription in my system. I was never seen in or getting out of car. Is it possible to get a DUI when never in car?


Asked on 11/08/04, 8:09 pm

4 Answers from Attorneys

Joseph Laumann Law Office of Joseph Laumann, PA

Re: DUI if not in car

The biggest question is whether or not anyone (independent witness) can place you behind the wheel of the car. If that cannot happen, it would be difficult for the state to prosecute.

I would be happy to discuss this matter with you further. Please contact my office for a free consultation.

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Answered on 11/09/04, 8:45 am

DUI if not in car

I assume the police officer asked you if that was your car. They do not have to actually see you drive the car. You should consult with a criminal lawyer, like myself, as soon as possible.

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Answered on 11/10/04, 12:25 am
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: DUI if not in car

Based upon the circumstance as you describe there is a defensive strategy as well as a contest to the charges. Ultimately, trial tactics will apply and you should obtain legal representation.

The issue to be proven is whether there is a nexis between you to the vehicle upon its entry to the establishment. Many matters are is question. Do not attempt to bring this issue out at trial without an attorney's assistance otherwise you may end up in a worse situation.

An alcohol test under the legal limit coupled with a prescription drug may lead to a conviction.

My fee is reasonable, contact me immediately at (410) 799-9002 or by return e-mail to [email protected]

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Answered on 11/08/04, 10:38 pm
Alan Albin Alan S. Albin, Attorney at Law

Re: DUI if not in car

It is not possible to be rightfully convicted of DUI if the driver was "never in the car."

However, that doesn't apply to you, because you admit that you WERE in the car, driving it, when the crash occurred.

If you really meant to ask, "Is actual eye-witness testimony in which a witness saw me driving" necessary, the answer is (of course), "no." The police saw you at 7-11 and you admitted you were the driver of the car. That's all they need, really.

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Answered on 11/20/04, 5:17 pm


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