Legal Question in DUI Law in Pennsylvania

Re: dui

Under an appropriate fact pattern she could be charged. If the police felt she drove the car and then fell asleep in the car while intoxicated. it depends on facts.

Re: dui

It may be difficult for the government to charge or to prove 'operation' under the circumstances you described. The government must prove that the defendant operated a motor vehicle while under the influence.

Now, if your friend was passed out on the side of the road after driving, they might be likely to charge. If she was still at the bar's parking lot, or close by, then I would be surprised to see her charged.

I hope the answer helps you. Feel free to email me directly if you need further info.

Re: dui

She can be charged, but can she be convicted. In order to be convicted, the Government must prove that she operated or was in actual physical control of her vehicle after drinking to the extent that would render her incapable of safe driving. Under your fact pattern, she got drunk at the bar and went out to car and slept in the back seat. With proper representation, she shuld not be convicted of DUI/DAI. Call if you would like to discuss this further.

Jim

Re: dui

You can, but the state has to prove that you OPERATED the vehicle. You should give our offices a call.