Q: Recently stopped when my car became stuck in a culvert I had tried to drive over.
Admitted to the officer I had had a few drinks but didn't feel necessarily over the legal limit. They gave me a couple field sobriety tests which I seemed to pass until the officer asked me to blow in his face, in which he responded "Yeah, he's been drinking." They took me in custody; I never took a breath analyzer or blood test to determine the alcohol content. Arresting officer booked me under 647f: disorderly conduct under alcohol. My question is what my options are, whether the court can increase the charge to possibly a DUI, etc. My record is clean, with a public intoxication charge in 2007 or 2008 when I was attending college, no prior incidences since then. Officer did find alcohol in the car but it was not open and intended for consumption when I arrived home.
A:
If you were in your car and keys in ignition or on you and car engine was warm or you admitted to driving and being there then YES........that is DUI.
a case held that a defendant pushing his motorcycle down the road with keys in it was sufficient for DUI..............you may want to have a lawyer assist you.
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