Legal Question in DUI Law in Virginia

Military Member not in vehicle for DUI charge

I got in a dispute with the wife and she left the house.. I followed her out of driveway and pulled in front of her to stop her. I took the keys out of her car and immediately drove back to the house (~.5 miles away). Parked my car in driveway and starting walking back up the road to wifes vehicle. The police stopped and asked her if it was me who drove off, and she said that she doesn't think so, that I have been gone a few minutes. The cop pulled up next to me while I was walking up road and asked me if I drove up there and blocked her. I said yes, he gave me a field sobriety test, which was only 2 tests and failed me and gave me a BAC test resulting in .12. If I was out of the car and he did not see me operate, can he really charge me with DUI? He never identified me as having drove the vehicle. I thought the law was that the officer has to see you operate the vehicle? Also the officers statement conflicts with what my wife and I saw happen. By the way, she was not drinking.


Asked on 5/09/07, 7:54 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Military Member not in vehicle for DUI charge

Of course, the officer can charge you, even on the evidence which you've described. However, whether the Commonwealth's Attorney will be able to prove the charge in court is quite another matter. (Of course, you've helped them along quite a bit by agreeing to submit to BAC test which you could've--and should've--refused under the circumstances.)

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Answered on 5/09/07, 9:06 pm


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