Q: Can I be charged with DUI with no blood/alcohol test performed and being parked in a public parking spot.
Was not offered a breath test. Was not driving.
I was parked in a spot with vehicle not in operation.
A: The short answer is, yes. You can be charged with a DUI if you are in control of a vehicle at the time an officer stops you. I suggest you seek representation.
A: Circumstantial evidence may be sufficient to meet the burden of proving impaired driving ability in a DUI case. circumstantial evidence is evidence that indirectly proves a fact or supports a theory. Indirect or circumstantial evidence implies that the defendant was involved in the crime, and is typically sufficient to convict a defendant if the evidence and inferences drawn from the evidence can be used to establish that the defendant is guilty beyond a reasonable doubt.
When you hire a lawyer they will evaluate the police report and all other evidence and be able to give you a detailed analysis of evidence if any will make you successful or unsuccessful at trial. All that to say... this is a very interesting case, so you definitely will need an attorney not afraid of trial. I hope this helps.
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