How can I get a DUI?

Asked over 2 years ago - Denver, CO

I was in a car that was parked in a private hotel parking lot. Windows were up. No keys in my possession. No keys in ignition. I was behind the steering wheel however was just smoking a cigerette and talking. Police arrested me for DUI however I never even drive the car. I told the police and the passenger tried to tell him that he had driven. The police officer refused to talk to him. I did not do a breath test. He took me to hospital and ordered blood without my consent. They could only draw one sample. I was placed in custody at the scene but never read my Miranda rights. I kept telling the officer over and over I didn't drive. His answer was for me to fight it and if my friend had said he was then I wouldn't be there. I however told the policeman that he didn't let him after I asked

Attorney answers (4)

  1. Stephen Clark Harkess

    Contributor Level 20

    10

    Lawyers agree

    Answered . It sounds like you have defenses to the charges, but the case is not going to just fade away on its own. You need an attorney to represent you. You (or better, your attorney) needs to get hold of and review the discovery file to determine the reasons the police give for contacting you in the first place and what evidence they intend to present at trial.

    It is very important that you hire an attorney immediatley. In addition to the criminal charges, you also face revocation of your drivers license by the DMV. You have a very short period of time to request a hearing.

    You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney... more
  2. Curtis Lamar Harrington Jr

    Contributor Level 20

    10

    Lawyers agree

    Answered . This sounds like a good probable cause matter. Sitting in a car which is not operating (if its your car or your parents car) is not much different than walking down the street.

    I am assuming that you had permission to be there, and were not under suspicion of auto burglary or auto theft.

    However if you never operated the car and if it was impossible to operate the car, you also have a fact defense.

    Get a local criminal attorney immediately and get the facts into an affidavit after the attorney studies the police report. Your attorney would then talk to the DA about dismissing and or file your statement with a motion to dismiss for the court to save its time. If the facts are right about your not having been properly approached, your attorney may toss the suppression motion in with the other two.

    Good Luck..

    Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal... more
  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . You have a good defense that you didn't operate the car and without keys, couldn't operate the car. Thus, you would want to retain a criminal lawyer in your city to defend you, and hopefully this will get dismissed. Good luck to you.

    Licensed in Pennsylvania & New Jersey & Serving the Nation. Only 29% Fee Deducted. 1-877-258-3083. www.... more
  4. Rhidian David Watson Orr

    Contributor Level 15

    4

    Lawyers agree

    Answered . You need to hire an experienced DUI attorney. Actual physical control of a motor vehicle is required to be convicted of DUI. You have a multitude of issues here and you need a consultation with a DUI attorney so that you understand your rights and options and so that you can make an educated and informed decision on how to address this issue.

    Feel free to call my office for a free consultation as my firm focuses exclusively on DUI Defense in Colorado.

    My decision to answer your question does not construe an attorney client relationship. My opinion is based on the... more

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