Can I get a DUI if my car was parked
Question: Can I get a DUI if my car was parked? I stopped at a friends house in North Hills, CA, was there for almost 2 hours. The nieghbors said that I hit their car when parking. the cops got there found I had not hit the car, and was just parked there. No damage to my car or scratch or anything of that nature. As the cop is talking to me, he asks if I had anything to drink that night. I told him yes, earlier. He then proceeds to make me do all the DUI tests, and then arrested me for DUI even though I was not driving! My car was parked!
So now I have a DUI charge with a DUI court date in San Fernando. I had 3 beers with friends before they got there and 2 while they were there, then the officers wanted to give me a breath test or blood test .put me in cuffs and said they were going to do it one way or the other. So I did the breath test and I think the results were .11. I kept telling them I was not driving and had been parked there for a while….but they did not seem to care.
Answer: They can charge you with a DUI even though you were not driving when the cops arrived. But, this case can be defended as driving is an element of the offense. Not only is time of driving an issue, and no one saw any poor driving, etc., but the fact that you had a couple beers after you drove makes a big difference too. Although it is a bit more complicated, ultimately it is your BAC at the time of driving that is important. If you parked and then drank more, the Breath machine test in no way could give an accurate result of what your BAC was at the time of driving. Of course, all these issues need to be properly presented and argued to be effective.
I am a very good DUI defense attorney and would be very interested in taking this case. The BAC results can be challenged here too, along with other issues such as driving. Call me at 818-336-1384 to discuss further. I would be happy to talk to you a bit over the phone about your case, then set up a meeting to discuss everything in more detail. Thanks and have a good night.
Criminal & DUI Defense Attorney