What to do about a DUI if I was not driving?

UPDATED: Nov 17, 2012

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What to do about a DUI if I was not driving?

If I was driving my car after having a couple drinks and realized that I probably had to too much to drink. So, I pulled into a gas station to call a friend to pick me up turned off the ignition and was sleep with keys still in the ignition. I was arrested for actual physical control. I believe I passed the sobriety test but after I was taken to the police station I failed the breathlyzer. Also, I wasn’t read my rights nor was I asked for insurance or my driver’s license; I as just placed in the back seat of the police car and taken to jail. What are my chances? I’m pleading not guilty to keep my license.

Asked on November 17, 2012 under Criminal Law, Oklahoma


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Given the charge that you have been arested for and are writing about, I suggest that you consult with a criminal defense attorney to assist you in the defense. Under the laws of all states in this country one can be convicted of a DUI based upon circumstantial evidence of a crime that you have written about.

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