DUI while not driving

[Cmill]

What is the name of your state (only U.S. law)? Virginia

I was drinking with a group of friends. We became hungry so I decided to drive to a local grocery store. I went in with them, we bought our food, and walked out. We sat in my car, without the keys in the ignition, and ate the food we had just bought. About 5 min. later, police drove up to my car and told me the head of security at the store called them; I was told later the security called them because I allegedly almost rear-ended someone. I don't recall that almost happening.

The officer put me through field sobriety tests and asked me to submit to the breathalyzer test - I refused. They searched my car and found an open container of alcohol (They didn't charge me for that). I didn't answer a single question he asked. He arrested me for DUI saying that because there was video footage of me driving into the lot that he had enough proof.

Is that enough proof? Can I pose a defense stating that I started drinking after leaving the store and before the police arrived?

 

[Proserpina]

What is the name of your state (only U.S. law)? Virginia

I was drinking with a group of friends. We became hungry so I decided to drive to a local grocery store. I went in with them, we bought our food, and walked out. We sat in my car, without the keys in the ignition, and ate the food we had just bought. About 5 min. later, police drove up to my car and told me the head of security at the store called them; I was told later the security called them because I allegedly almost rear-ended someone. I don't recall that almost happening.

The officer put me through field sobriety tests and asked me to submit to the breathalyzer test - I refused. They searched my car and found an open container of alcohol (They didn't charge me for that). I didn't answer a single question he asked. He arrested me for DUI saying that because there was video footage of me driving into the lot that he had enough proof.

Is that enough proof? Can I pose a defense stating that I started drinking after leaving the store and before the police arrived?

You actually want proof that you started drinking?

 

[sandyclaus]

What is the name of your state (only U.S. law)? Virginia

I was drinking with a group of friends. We became hungry so I decided to drive to a local grocery store. I went in with them, we bought our food, and walked out. We sat in my car, without the keys in the ignition, and ate the food we had just bought. About 5 min. later, police drove up to my car and told me the head of security at the store called them; I was told later the security called them because I allegedly almost rear-ended someone. I don't recall that almost happening.

The officer put me through field sobriety tests and asked me to submit to the breathalyzer test - I refused. They searched my car and found an open container of alcohol (They didn't charge me for that). I didn't answer a single question he asked. He arrested me for DUI saying that because there was video footage of me driving into the lot that he had enough proof.

Is that enough proof? Can I pose a defense stating that I started drinking after leaving the store and before the police arrived?

Unfortunately for you, the VA statute does not require that you actually be caught DRIVING if you are under the influence. You only have to be in actual physical control of a vehicle is an “operator", which is meant to mean “every person who either (i) drives or is in actual physical control of a motor vehicle on a highway or (ii) is exercising control over or steering a vehicle being towed by a motor vehicle.”

You were the driver, you had the keys, and you were in physical control of the motor vehicle. That makes you guilty under the statute.

By refusing the breathalyzer test, you automatically get a driver's license suspension.

Get yourself an attorney if you want any chance at diminishing your already slim chance of getting out of this DUI charge.

 

[Proserpina]

I don't think the argument of "Well I drank it after I left the store" is going to work too well.

 

[FlyingRon]

Yep, first offense refusal is a civil penalty and at a year (over and above any court-issued suspension).
If you're under 21, you're cooked on the DUI as well. If you're over 21, a lawyer may be able to argue this.
As pointed out, your argument that you weren't driving, means nothing.
You can still be charged for the open container.

 

[fcwedd]

If you try that defense, the judge will most likely destroy you. My brother-in-law tried something like that. It pissed the judge off so bad.

Just go in there and be a man about it. It will make everything a lot easier.

good luck!

 

[Richard Kevin]

Generally while driving under the influence is a serious offence. Once the officers provide the enough proof means you have to face the penalty of DUI, it carries heavy penalties like fines, license suspension, and jail time and community service. You need to consult the attorney.