Can I be convicted of a DUI when I was not in the vehicle?

Asked over 2 years ago - Atlanta, GA

The police pulled up and I was standing in front of my car and I was charged with a DUI. I did not admit to driving, I actually told him I was not driving.

Attorney answers (5)

  1. Wesley Kent Hill

    Contributor Level 14

    4

    Lawyers agree

    Answered . If you were charged with DUI, you should get legal representation. Law enforcment has a great deal of lattitude in what they can charge someone for. Just because you are charged, does not mean you are guilty or that the police officer was correct. Further, they have the burden of proving that you were driving under the influence. Without the facts and circumstances no one can advise you on the best way to challenge charge which you will obviously want to do. If you would like to discuss the case, please feel free to contact me at your convenience. My phone number is (678) 994-4091.

    Also keep in mind that you only have ten days to request an administrative hearing to maintain your existing driving privilege while the case is pending. The attorney that you select can assist you with this as well. Good luck with your case.

  2. James Lawrence Yeargan Jr.

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . The police have to prove that you were in "actual physical control" of the vehicle. It is good that you did not admit to driving. The officer will have to use circumstantial evidence to try to place you behind the wheel. If he did not see you driving, and you did not admit to driving, it is going to be a hard case for them to prove. Remember, an officer can always give you a charge, but proving the charge is an entirely different game.

    James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on... more
  3. George F. Mccranie IV

    Pro

    Contributor Level 15

    2

    Lawyers agree

    Answered . If you didn't admit to driving, the officer will have to use other (circumstantial) evidence in order to convict you of the DUI. Don't rely on your knowledge of your innocence to "set you free". I would advise you to retain an experienced and qualified DUI defense attorney so that you can mount an aggressive defense. Many times law enforcement and prosecutors will attempt to find any evidence available to them i.e. - store video tapes, stop light cameras, witnesses in the area to use against you in court. Your best defense is a GOOD DUI ATTORNEY! I hope this information is helpful. Good Luck!!!

    The information provided in this response to a question is not legal advise and is provided only for general... more
  4. John Leif Fossum

    Contributor Level 17

    3

    Lawyers agree

    Answered . The question here is one of physical control. Get a lawyer to represent you, this case will not go away on its own.

    This response does not create an attorney client relationship and is offered for informational purposes only.... more
  5. Charles Adam Shultz

    Contributor Level 19

    2

    Lawyers agree

    Answered . Both attorneys are correct and give good advice. A DUI is a serious charge and a conviction could have serious consequences. While you may feel you have an easy and good case, you need someone trained to deal with issues that come up, such as whatever story the officer(s) tells at trial. You need to be able to deal with evidentiary objections and how to cross-examine. This is not something you should try to do on your own.

    The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or... more

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