Will I be found guilty of DUI if I was sitting parked in a McDonalds parking lot?

Question

Was arrested for DUI while sitting in McDonalds parking lot eating at 9:00 am DUI of a controlled sustance but officer stated on my ticket "Subject was in a parking lot ,was not seen driving". What are my chances of getting this dropped or throwed out?

It was my 19 year old son and his 25 year old girlfriend that was sitting in the car eating at McDonalds . He was arrested for DUI under the influnce of a controlled substance, the officer did not ask him for any ID which he did not have on him at the time but did ask to see the girlfriend and she is 25 . Why did she not go to jail? And how can they just up and say he was under the influnce of a controlled substance with a breath test?The breath test result reads 0.00g/210L****. What does that mean?

It was my 19 year old son and his 25 year old girlfriend that was sitting in the car eating at McDonalds . He was arrested for DUI under the influnce of a controlled substance, the officer did not ask him for any ID which he did not have on him at the time but did ask to see the girlfriend and she is 25 . Why did she not go to jail? And how can they just up and say he was under the influnce of a controlled substance with a breath test?The breath test result reads 0.00g/210L****. What does that mean? This is in Scottsboro Alabama

Answer 1

Were the keys in the ignition? They can convict in this state if the keys were in the ignition....sorry.

Get a good attorney, what you pay in legal fees now will be well worth it in the long run.

M

Answer 2

Assume that they did not pick you at random, but had some reason to believe that you had driven the car there. For instance, if the other person identified you as the driver, or you had the keys in your pocket, or something like that. That evidence is admissible in court. You can defend on the theory that the evidence of driving is not persuasive, but that doesn't mean the arrest is unlawful. When someone robs a bank, they do have to be caught in the act but can be arrested later, based on evidence establishing the arrested person as the robber. DUI is no different. The authority of cops doesn't really matter as every cop has at least the same authority as any other citizen.

Answer 3

You can not be in care and control of a motor vehicle while your ability is impaired by alcohol or drugs. This law applies whether you are on private property or the highway. I am going to guess that your son was behind the wheel of the car and the girlfriend wasn't?
The definition of care and control means, having the keys in the ignition, having the keys on your person, car running etc...
I'm not familiar with the readings you gave, I they ones I have seen are like .08 mg/100ml.
You don't say where you are but the above applies in Canada.

Answer 4

Most state laws state that if you are even checking the tire pressure while under the influence, you are guilty of DUI.

The good news is that if it was your first offense, and as it is obvious the officer was stating that you were not actually observed driving, you will probably get off with probation and a small fine, along with having to attend a two or three day substance abuse class (or something like it).

Good luck...and learn from the mistake :)

Answer 5

Well there are many statutes under the DUI. You are in the vehicle, under the influence, with the intent to drive is what the officer could state. but bascially you were probably sleeping it off. Why would you be UI at 0900 hrs anyways? Isnt that a little early? Unless you never stopped. In that instanced, that DUI would stick. Sorry.

Answer 6

Just ask the judge how can you be charged with "Dining Under the Influence"? Seriously, if you were in the driver's seat with the keys in the ignition, you can be charged. Stupid law, but true. Keys in the ignition meant you had the intentions of operating a vehicle. Sorry for you, wish you much luck!!

Answer 7

Was the keys in the ignition? Was the car running? That can make a world of difference. Did the reading of 0.00 come from a PBT or from a Breathylyzer? (PBT should have been done on the spot at McD's and the Breathylyzer done at the PD.)

Answer 8

That depends on the state since laws vary from state to state. But if you were in control of the vehicle, especially if it was turned on, then it is possible you may be charged and convicted. Obviously the trick here is to not even get near a vehicle if you must drink or use drugs that may affect your ability to drive. You avoid all problems related to DUI/DWI that way.

Answer 9

If you are found in your vehicle and your keys are the passenger compartment (meaning everywhere inside your car) and you were found under the influence, then yes, you can get a DUI. What were you doing? Chugging a beer to wash down your egg mcmuffin? Bad luck and bored cop, if you ask me.

Answer 10

in the state of pa, if you are even sitting behind the wheel, no keys inthe ignition, you are DUI.

I don't know what state you arein, but if your ticket doesn't state DUI, you probably wont get charged for it, just what is on your ticket, and to me, i would fight it, cause you have to take classes and all types of stuff in pa for a DUI, way more expensive than fighting a ticket

Answer 11

In many states, just sitting in your car and having your keys in the ignition is enough to arrest you for DUI (that shows that you have intent on driving).

You'll have to state what state you live in.