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How can I get my DUI charge dropped if I was just sitting in the car, not driving?

I was arrested for a DUI (OWI) but was not driving. I was just sitting in the driver's seat with car running. I knew I could not drive home because I was intoxicated and told the officers that. However, I did not tell them until after the arrest that the reason I was parked where I was parked was because I was driven there and sexually assaulted. Can my DUI charge be dropped?



    John J. Carney | The Law Offices of John J. Carney Esq.
    401 East 34th Street
    New York, NY 10016
    (917) 696-2363
    You should have gotten out of the car. If you were behind the wheel with the engine running then you were "operating the vehicle." Retain a good criminal lawyer to try to get a DWAI violation instead of a DWI conviction.
    Answer Applies to: New York - Replied: 3/9/2013
    Lawrence Lewis, PC | Lawrence Lewis
    242 Culver Street, Suite103
    Lawrenceville, GA 30045
    (678) 407-9300
    IF you were in the driver's seat of a vehicle that is running with alcohol in your system you are correctly charged with DUI. Doesn't matter why you were parked where you were parked, only that you were impaired behind the wheel. You can claim whatever you want now about a sexual assault.
    Answer Applies to: Georgia - Replied: 1/22/2013
    Richard Williams | Law Office of Richard Williams
    301 Government Street, Suite 104
    Mobile, AL 36602
    (251) 272-3765
    January 22, 2013.You can be DUI for operating the motor vehcile on the public highways while under the influence of alcohol to the extent that you are unsafe to operate a motor vehicle or if you have a BAC of .08 or more. Secondly, you can be DUI if you are under the influence where you are too intoxicated to safely operate a motor vehicle and you are in possession of the automobile without operating it (drunk in possession). Normally you have to have the keys in your possession or the ignition or some place where you can have access to them. The punishment is the same for either offense.
    Answer Applies to: Alabama - Replied: 1/22/2013
    Brendan M. Kelly | Law Office of Brendan M. Kelly
    1700 Farnam Street, Suite 2820
    Omaha, NE 68102
    (402) 455-1711
    Your question depends on the circumstance of the case. It sounds doubtful since you were in the driver's seat and the car was running.
    Answer Applies to: Nebraska - Replied: 1/22/2013
    James Harvey | James Harvey
    525 William Penn Place, Suite 3300
    Pittsburgh, PA 15219
    (412) 551-3288
    You can be charged for being in control of the vehicle while under the influence. There may be circumstances in your case that will allow you to successfully defend the matter in court. However, the fact that the car was running deceases the chances of a successful defense. The foregoing response is general in nature and does not constitute legal advise for any particular individual. I have not reviewed all of the circumstances of your situation and cannot properly advise you without doing so.
    Answer Applies to: Pennsylvania - Replied: 1/21/2013
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