If I get accused of dwi just for sitting in a car can I fight it in court?

Question

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Answer 1

In most states if you have access to the keys you have control of the vehicle! So I say yes you can fight it but no your not going to win

Answer 2

You can fight anything in court. If you were intoxicated and in the vehicle (with access to the keys) you will lose.

Answer 3

yes, you can.  

Answer 4

You have to be in the drivers seat with the car running to be charged.

Answer 5

I am pretty sure if the officer saw your keys in the ignition your toast. at least in California. if the keys are not in the ignition I would think you could get off. But your biggest problem is, if you tested drunk your tesamony carries almost no wait in the eye's of the court. What ever the officer says happened, did unless you have credible witnesses.

Answer 6

Yes.  The burden of proof is on the state.  If the police officer "assumed" you were driving, there is no evidence of wrong doing.

Answer 7

That depends on whether or not the State you live in has rules/laws in place that define "operation" of a motor vehicle to include sitting behind the steering wheel with the keys in the ignition.

NY, for example, has in place rules that if you're sitting in the vehicle, and the keys are in the ignition and the engine is running; you are deemed to be in control of the motor vehicle.

Answer 8

You have every right to fight it in court, however, just being intoxicated and sitting in the drivers seat is probable cause that you have intent to opperate a motor vehicle while under the influence. If you can hire a good attorney you may be able to get this reduced.  

Answer 9

To the best of my knowledge, in most states there is a (usually) lesser charge known as "being in control of a motor vehicle while intoxicated". You don't actually have to be driving the car. Basically, the police and legislators don't want you anywhere near your car with your ignition key within easy reach if you're drunk. Can't blame them either.

Answer 10

In Texas, sitting there with the motor running has been considered "operating." Sitting in it drunk with the motor off is not. Steering while the car is being pushed by another car is operating. Legless man steering and armless man working the foot controls? They're both operating. Holding a child on you lap to steer for you, you're operating.  

Answer 11

If the keys are in the ignition (engine running or not), keys in your pocket or passenger compartment, then yes.  In Illinois, that is enough to have you arrested for DUI.  Your in care, custody or control of the vehicle.  No way around it.  However, you do have the right to fight it out in court.