I just got arrested for a DWI. My car was parked outside of the club in the parking lot. My car was running because it was hot outside and I needed cool air. I was in the driver's seat. The seat was tilted back and the emergency break was on. The cop noticed me because he happened to drive by as I was throwing up. I was booked at the station 1 hour and 53 minutes after the club closed, and the club in only about 5-10 minutes away from the station. Clearly my intent was not to drive until morning, and to sleep. I was not given a breathalyzer test at all throughout the entire night. I wasn't, however, able to walk a straight line. Do I have a chance at fighting it in court? if so, how?
1 Answer from Attorneys
The car only needs to be turned on to constitute "operating" the vehicle. You may however be able to challenge the "under the influence" part of the statute. It's hard to say without more information. But to challenge the charge, you need to make sure you, or an attorney representing you, requests discovery.
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