Phoenix, AZ asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for Arizona

Q: Can you be arrested for Aggravated DUI when your weren't even driving, in front of your house ,with no keys in your poss

Police report says I was observed consuming alcohol and was not even driving or in possession of keys and no ethyl alcohol in my system can the police lie like that on the police report and a year later initially file charges for Aggravated DUI?

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: Based on the information you've provided, it seems unusual that you would be charged with Aggravated DUI a year after the incident if you were not driving, did not have keys in your possession, and had no ethyl alcohol in your system at the time. However, laws can vary by jurisdiction, and there may be additional details that are relevant.

To provide a thorough response, here are a few key points to consider:

1. In most jurisdictions, to be charged with DUI (Driving Under the Influence) or DWI (Driving While Intoxicated), you typically must be in actual physical control of the vehicle. Simply being near a vehicle or even inside it while intoxicated is usually not sufficient for a DUI charge if you were not operating it.

2. Police reports should accurately reflect the events and observations made by the officers at the scene. If you believe the report contains false information, you should consult with a criminal defense attorney to discuss your options for challenging the report's accuracy.

3. The delay in filing charges is unusual but not necessarily improper. Statute of limitations laws vary by state and offense, so it's possible that charges could be filed up to a year (or more) after the alleged incident. However, the delay in filing could potentially be used as part of your defense, especially if it has impacted your ability to gather evidence or witnesses for your case.

4. If you are facing criminal charges, it is crucial to consult with a qualified criminal defense attorney who can review the specifics of your case, advise you of your rights, and help you build a defense strategy.

Remember, this information is for general guidance only and should not be considered legal advice. Always consult with a licensed attorney in your jurisdiction for case-specific advice and representation.

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