A friend of mine was drunk and the truck broke down and driver left to get someone to help and cops found him drunk passed out in passenger seat keys in floor board. And arrested him for dui is this legal?
Respectfully, you are asking the wrong question. Whether the cop was legally right or wrong is a not for either you or me to decide. That decision is left to a Judge.
The question that you should be asking is "now that I got arrested what am I going to do about it?", and in that regard I strongly urge your friend to HIRE A LAWYER (caps intentional).
Wishing you luck and hoping that I have been helpful in answering your question.
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You need to hire an attorney. If the truck could not be driven, that is a defense to the charge but must be brought to the court's attention by way of a Motion To Supress. Being in the passenger seat is also a defense in some circumstances.
Technically yes it could be a dui if keys in car and you had ability to operate the vehicle.
DUI involves driving or being under actual physical control of a vehicle. Unless you can prove that the truck was inoperable, your friend may have a problem. The cops would not know the truck had broken down unless someone told them. If the vehicle was impounded, it was towed even if it could have been driven.
Your friend may have a valid defense, or even grounds for a motion to dismiss. The details should be discussed with a lawyer in a confidential setting. Good luck.
This Q&A forum is no substitute for a personalized, private conversation concerning your situation. This response is a general answer to a question posed by an unidentified person. It is not intended to and does not create an attorney-client relationship.
Actual Physical control of a motor vehicle is a key issue. The Government must prove that element. You have a good case. Hire a lawyer and fight.
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