Legal Question in DUI Law in Washington

dui charge in parking lot

I had 3 drinks on an empty stomach and not feeling drunk, started my car & drove off into the grass at a parking lot (it was also pitch dark outside). I imagine the alcohol had not fully entered my bloodstream at the time, but I took the keys out of the ignition, called someone to pick me up and stayed in the drivers seat of my car (with the keys next to the gear shift).

The police showed up about 20 mins later, and at this time I was feeling more intoxicated. I refused a field test stating that I did not feel sober at the time and that I was already waiting for someone to pick me up. For this I was arrested and charged with DUI, after which they took me to a station where I blew .067 and .071

I'm curious how I could uphold my defense on the charge.


Asked on 3/21/08, 1:39 am

2 Answers from Attorneys
Harry Steinmetz Law Office of Harry S. Steinmetz

Re: dui charge in parking lot

You clearly were not over the legal limit and being safely off the roadway is a defense to being in "physical control" of your vehicle. In other words, you have a good defense.

DUI's have very serious consequences and you need a lawyer to protect you from the prosecutor's office. Please do not do anything with your case until you have consulted with an attorney. Feel free to contact my office for a free consultation.

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Answered on 3/24/08, 1:32 pm
Jahnis Abelite ABELITE LAW OFFICES, P.S.

Re: dui charge in parking lot

Greetings!

The DUI law applies to all areas of the state except on purely private land where there is no ready access to public roads. As you were in a parking lot that was adjacent to a business, you definitely were in a place where the law applied. One could make the argument that you had pulled off the road to keep yourself safe and other motorists safe as well but that would depend upon the exact circumstances of your case. Have you been arraigned yet? If you wish to contact me, contact my office Monday morning, March 24 after 8:30 in the morning. DO NOT TRY AND DEFEND YOURSELF! This is a very complicated and involved area of law. I am at your service. Good Luck!

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Answered on 3/22/08, 11:16 am


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