Can I be charged with the a DUI?

Asked about 1 year ago - Peoria, IL

I was in my car with my sister in law, the tire exploded, she walked to get help i was pushing the car when the police arrived...he asked for my license and insurance and......he proceeded to give me a sobriety test and i was arrested for a dui

Attorney answers (10)

  1. Harold L. Wallin

    Pro

    Contributor Level 15

    15

    Lawyers agree

    Answered . A DUI can be established if you were in "actual physical control of a motor vehicle." This is a legal issue and you will need a lawyer to defend you.

  2. Judy A. Goldstein

    Contributor Level 20

    14

    Lawyers agree

    Answered . Can you be charged with DUI? Since you were, obviously you can be. Please hire a skilled DUI defense attorney. You do have a defense but pushing a car with an exploded tire is going to be questioned.

  3. Alexander M. Ivakhnenko

    Contributor Level 20

    14

    Lawyers agree

    Answered . Yes.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
  4. J. Richard Kulerski

    Contributor Level 20

    12

    Lawyers agree

    Answered . Were the keys in the ignition? Where were they?

  5. Edward Brandon Beckham

    Contributor Level 14

    11

    Lawyers agree

    Answered . Your question does not include enough detail for a substantive answer; details are important because all claims and defenses are fact specific. At minimum, you should consult with an experienced local attorney about the specific facts and details of your case. A skilled attorney in your jurisdiction will know which questions to ask you about your situation in order to assist you with making an appropriate determination regarding your situation. Once you've met with a local lawyer you should be better able to make an informed decision as to how best to proceed.

    This is not legal advice. This response is provided for general information only, as a public service. It is not... more
  6. Anthony Michael Solis

    Pro

    Contributor Level 20

    10

    Lawyers agree

    Answered . You can be charged with anything. But unless there are other facts they can prove, it's unclear how they will establish your driving. Did you admit to driving? Did they interview your sister?

    No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT... more
  7. Jerry A. Tuffentsamer

    Contributor Level 11

    8

    Lawyers agree

    Answered . Can you be charged? Yes. The State can charge you with whatever they want. However, the real question is wether they will be sucessful in obtaining a conviction. If what you are saying is true, then you have an excellent defense. You should also have your summary suspension lifted as well. Yet, it is important that you hire a private attorney as the public defender cannot petition to have your driving privledges reinstated immeiately.

  8. Ted Peter Hammel

    Contributor Level 3

    8

    Lawyers agree

    Answered . It appears from the question that you were arrested for DUI. Immediately hire an attorney to represent you in this matter. I will assume the local prosecutor will argue to the court that you had control over the motor vehicle. An attorney representing will inquire with your regarding control over the vehicle and whether the vehicle is operable. Good luck.

  9. Paul F. Serkland

    Contributor Level 6

    7

    Lawyers agree

    Answered . Did you admit to the police that you were driving? If not, the key questions is were you in "actual physical control" of the car. In determining the issue of APC a crucial question is where were the keys to the car located when the police arrived. Were they in your pocket? The ignition? Did you sister in law take them? In any event, if you made no admissions to driving, you have a good case. Even if you had the keys in the car, you have a good argument that you were not in APC, evidenced by the fact that you were pushing the car. Hard for the state to argue that APC when a defendant is outside the car and has determined that the car was inoperable.

  10. Linda Jeananne Martin Watson

    Pro

    Contributor Level 6

    6

    Lawyers agree

    Answered . Yes, you can be "charged." The real question is: "how likely are you to be convicted?" To put it another way: what are your chances in front of a jury? Your question, as it was phrased, does not give me a lot to go on, but a few things come to mind. Such as: how is the state going to put you behind the wheel? Is there a suppression issue here? i.e. did the officer have sufficient evidence to conduct a DUI investigation? Sufficient evidence to arrest? etc. Having a full sit down with an experienced DUI attorney will give you an idea of what your real options are. A number of attorneys in town offer free consultations, such as myself. After a sit down an attorney can give you a better idea of what your options (chances) are.

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