DUI while walking?
I got a DUI for walking home 2 blocks after I parked my car. The officer never saw me driving & I didn't hit anything. I pulled off the road when I realized I was too drunk to drive. After being stopped & questioned I admitted to parking my vehicle & walking home (just being honest). I was then arrested & ticketed for a DUI. Is this legal? Can I fight this? And, is an admission alone enough to be charged with DUI and have the charges stand up in court? HELP!
1 Answer from Attorneys
DUI (Drunk Driving) While Walking?
Yes, an admission that you were driving a vehicle is sufficient to support a conviction for drunk driving, even if the officer did not see you drive. Circumstantial evidence is often used in all types of criminal cases, including OWI's. Of course, you were not charged with drunken walking, but rather with having driven your car earlier while drunk. There may still be good defenses available to you, however, so you should promptly consult with an experienced criminal lawyer. For example here could be potential Miranda violations in taking your statement, which could result in its suppression, or there could be an issue with determining how drunk you were when you last drove, as opposed to how drunk you were while later walking.
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