If I was sitting in a car that had no keys in the ignition but was arrested for DWI anyway?

Was this a wrongful arrest?

Asked on June 25, 2017 under Criminal Law, Arkansas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Even though the keys are not in the ignition, if an intoxicated driver as the ability to exert control over the vehicle that is enough to be arrested for DUI. Therefore, if the keys were somewhere else in the vehicle, that would count as "driving". This is true even if the arresting officer did not observe the person driving; circumstantial evidence of driving is sufficient. However, this is not to say that there are no defenses to this. An experienced DUI attorney could possibly get the charge dismissed or at least reduced. It would be well worth it it retain a lawyer to represent you.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.