My boyfriend an u left a bowling alley Friday night. We got into a fight and pulled into a parking lot literally less then 5 minutes away from the bowling alley. We got out of the car. The engine was off. Keys in pocket and doors shut no one else was in the car. The cops arrived because of us fighting. The witness statement says they didn't see anyone driving just two people fighting. Despite our arguments we were contemplating whether to call a cab or friend to bring us home. When the cops showed up they arrested us both with DUI. What can we do.
Criminal Defense Attorney
Based on what you describe you have a very defensible case and a decent shot at beating the charge. That is if things are they way you say they are. It's not that I doubt you but your perspective may be a little off. The best thing for you and your boyfriend to do is get an attorney to handle this matter for you. S/he can evaluate the facts and circumstances and take the necessary actions or negotiate for the best possible disposition. Good luck
There are certainly defenses to this case. Driving is an issue in the prosecutions case here...for both of you. And particularly, even if they could prove driving, they could not prove it as to both of you (assuming one person drove and one was a passenger). I would recommend that you each secure separate DUI counsel to defend this case.
So to answer you question, it is possible to get DUI charges dismissed or reduced to lesser offenses....but that is much more likely to happen with a good DUI defense attorney.
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Criminal Defense Attorney
You could not both be committee OUI as only one individual could be operating the vehicle. If your boyfriend admitted to the officers that he was driving the motor vehicle then under Maine law that is sufficient to prove the operation element of operating under the influence. You need to consult an OUI attorney
My response to your question is a generic response and should not be construed as controlling to your case. I can not effectively advise about your case without knowing all the facts. Additionally, my response does not create an attorney-client relationship. You can contact my office to schedule an appointment if you would like to have me represent you.
DUI / DWI Attorney
This case is like a law school problem, which is a good thing for you. There are countless issues with this case. For starters, the last time I checked, most car only have one steering wheel and yet both of you have been arrested for driving the same car. Additionally, the only evidence that they may have that one of you was driving, was from your own admission, and not through any observation of any witness. This brings into play the Corpus Delecti rule. You need to contact a lawyer immeidately, as does your significant other as well. This case has so many issues that a competent DUI lawyer could have a field day.