DUI HELP! Completly unfair circumstances please read?

Question

Was out with my boyfriend.My night to drink and he was driving.There was a man at the bar wasted treating his very very pregnate wife/girlfriend porly. He actually punched her in the stomach. I told my boyfriend to go tell him that we would give her a ride home (even though we did not know either of them) he crossed the street to tell him and the man puched him in the face. 1 punch but it knocked my bf out and he fell back and hit his head on the cement, I ran out to him whre he laid not moving for at least 5 min. he fianlly came to and the medics and police were already there since we were at kind of an outdoor festival. My bf was brought to the er in an ambulance, I asked if I could go with in the ambulance or get a rie in the police car and they said no? they called me a cab and said it would be there in 2hrs. went out to my car punched the hospital into my gps and they told me to get out of the car and arested me for dui.wasn't driving yet I was still trying to decide what2do

they impounded my car even though it was in a parking lot. My boyfriend broke his nose has a concusion and 15 stiches in the back of his head. I thouht police were surposed to help people. nobody would wait for 2 hours for a cab while there loved one is being taken to the hospital with poss. life threatening injuries? We feel really violated hae never had anyprevious problems withthe law and do not have a lot of money to fight this please help

Answer 1

Seems like you're leaving something out, but I won't get into that. Apparently, the Officer felt that you were going to drive the car after you were told that you would have to wait for a cab.. You should have been charged with being in physical control of a motor vehicle while under the influence. It's going to be your word against the Officer's. Unless you were told to stay away from your car, you might have a defense. You also failed to mention whether or not you took a breath test.

Answer 2

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Answer 3

I wouldn't give you the time of day if you had actually been driving the car drunk, but I think in your situation you deserve a break. You mentioned that your car was located in a parking lot at the time you were sitting in it and were arrested. In the vast majority of states, current DUI laws only apply when you're intoxicated and in control of a vehicle on *public* property (in other words, you can be drunk off your @ss while peeling out and doing doughnuts in your own front yard, and the cops can't do a thing). If the parking lot is privately owned (i.e. belongs to a shop owner) and the owner doesn't have any kind of a contract with the city to allow the police to enforce public traffic/parking regulations there (like many shopping malls do), then the cops may have had no jurisdiction over you. Best consult an attorney, though, because a few states have started closing this loophole. And there are plenty of legitimate reasons you can offer in court for needing to look at your GPS that don't imply you were planning to drive, i.e. you just wanted to make sure the cabbie had the right address.

And next time, remember that cops in many places now can arrest you if you've been drinking and are anywhere NEAR your car with the keys in your pocket. I recall reading how one guy in California was arrested while he was having a barbecue in his own front yard and drinking cocktails, just because his car was parked out on the street only 20 feet away from him. Let's give thanks to the Mad Mothers for this kind of legislation :-/

Answer 4

None of the story matters in this case. What matters to them is you were going to drive, and there was a probable cause to arrest you. What they will claim in court is that they called u a cab (that's very important) and still u got behind the wheels and punched the hospital address into your gps. UNLESS, you succeed to pursued the judge that you were only looking at the address of the hospital and that u were going there by cab.

Answer 5

There is an argument to be made that you were "operating the vehicle" by using the car's GPS. It also shows that you had the INTENT to leave and drive to the hospital, because if you had wanted to wait for the cab, you wouldn't need directions.

Bottom Line is with any DWI you need a lawyer. Find a good one in your area.

Answer 6

Hon, the police had every right to arrest you. You were in the car and you were intoxicated and that is all they need to arrest you for DUI. A woman I know got a DUI while she was sitting in the driver's seat asleep and intoxicated. The circumstances are not completely unfair! Sorry, life has it's ups and downs, this just happens to be a down for you.

Answer 7

Sounds like you and your bf had a little alcohol-inspired courage.

I Indiana though you were Operating While Intoxicated, even though the car wasn't moving. Time for an attorney.

Answer 8

Depending on the state, what you did when you got behind the wheel was exhibit an INTENT to operate a vehicle, which (depending on the state law) is just as much a DUI as putting the keys in the ignition.

Contact an attorney.

Answer 9

I think the circumstances are crummy, but probably meets the technical definition of dwi in most states. Get a good attorney and, if its your first dwi, she might be able to convince the DA that its a dinky charge and should be dismissed.

Answer 10

Even if you had the intention to drive your screwed. Your keys can't even be on the way to the ignition. Wasn't very smart.