DUI & Not Driving

[jetzon]

Friend of mine " Not Me" car broke down on the side of the road. There was No room to move his car off the road. a cop pulled up and gave him a DUI. His keys were Not in the ignition and stated that he's been sitting there drinking. He's going threw some rough times with G-friend and work. Can they do that? Wouldn't that be more of a drunk in public "DIP" charge? He lives in Virginia.

Thanks for Any help
Jetzon

[FlyingRon]

He certainly can be charged and perhaps even be convicted. The keys not being in the ignition is not enough to show he wasn't operating. He needs a lawyer big time. If the car was totally disabled and he hadn't started drinking until after it broke down, a savvy lawyer might get around it. However, that's a stretch.

[lenny71]

Originally Posted by FlyingRon

He certainly can be charged and perhaps even be convicted. The keys not being in the ignition is not enough to show he wasn't operating. He needs a lawyer big time. If the car was totally disabled and he hadn't started drinking until after it broke down, a savvy lawyer might get around it. However, that's a stretch.

This is Virginia. Call a dui specialist. If the keys were outside of the car when officer arrived and there was no witness, he can get off with decent council.