Question: Parked vehicle DUI charge …. Keys near ignition (passenger seat). 2nd DUI charge outside of five years. I was recently arrested for a DUI while parked with the vehicle off on a side road. I was using my phone to get a ride home when a police officer pulled up and walked past my car to an unattended vehicle, as he walked by he asked me if I knew who’s car it was and I said no and went back to using my phone. The officer returned to my vehicle and said he smelled the presence of alcohol and asked me if I had been drinking and I said no sir then the officer asked if I would do a sobriety test. I responded no sir and tried to explain that I was just using my phone nothing more. Then the officer asked if I would submit to a breath test. I declined but I said yes to a blood test so I wouldn’t lose my license. He told me to exit the vehicle and he arrested me for DUI. Did he even have probable cause?
Answer: You certainly have a good Probable Cause challenge at a Motion to Suppress hearing. Just off of the top of my head – the officer observed NO BAD DRIVING on your part, No evidence (listed in your question) of how long your car had been parked, No Failed Field Sobriety Tests, No positive Preliminary Breath Test and Keys NOT in the ignition. I’m sure that there will be additional defenses available to you after a DETAILED interview and review of the Incident Report etc. I have addressed these same issues in my book The Authority on DUI Defense, If you would like additional information on this topic please pick up a copy of the book from Amazon.com or contact my office. You should retain the best DUI Defense Attorney that is available to you ASAP in order to defend yourself in this case. I hope this information has been helpful. Good Luck!!