DUI only requires control and being under the influence. Private property is not a defense. You could have been sleeping in the car with the keys in your pocket and still have gotten charged with dui.
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There are often many procedural issues that can be problems when it comes to DUIs. You need to sit down with someone to discuss the matter. More likely than not, the officer will say he saw you longer than that and that you never switched seats. The Judge will not likely buy your story.
You need to sit with an attorney in confidence and speak about everything.
Michael L. Doyle
Unfortunately, you CAN get a DUI in a private parking lot that is open to the public, even if you only drove while in the parking lot. The rationale that courts have employed to reach that rule is that, as a matter of public policy, we don't want intoxicated motorists running into other cars in parking lots any more than we do on streets and highways.
That said, it sounds like you tried to make good choices in a bad situation: instead of driving while drunk, you asked a sober friend to drive you home. When it became clear that he was having trouble operating your stick-shift, you got off the road in order to show him how. It sounds based on those facts like you would be a good candidate for ARD. I suggest you get in touch with a good local attorney to discuss the matter, or investigate your county ARD program for yourself.
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There are many factors that a qualified DUI attorney would still need in your case in order to determine if you can get charges dismissed. I would contact an attorney immediately and go over your case. Unfortunately you can still get a DUI in a parking lot but again I would sit down and discuss this with a DUI attorney.
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