First time dui with a clean record. My car broke down on the freeway, resulting in me having to push it to the side of the road. I stood outside of the vehicle the entire time, waiting for AAA to arrive, when a highway patrol car pulled up behind me. The cop asked me to perform a series of field sobriety tests. I blew a 0.12, and was promptly arrested. The cop had no visual evidence of me sitting behind the wheel or driving in this state however. From his perspective, I was standing outside the entire time, and his tests were conducted on speculation alone. He didn't even pull me over. Can a dui attorney successfully argue my case to be dropped based on this?
Driving can be proven by circumstantial evidence. A thorough review of the facts is necessary to determine whether you have a viable defense. Contact some attorneys to discuss your case--many of us on Avvo provide a free consultation.
You can be arrested for a DUI on certain circumstantial evidence of driving even if the arresting officer didn't actually see you driving. These rough facts would seem to fit the bill. However, the case may be defensible and you should consult with a criminal defense attorney asap to explore all your options. Remember, you only have 10 days from your arrest to request a DMV hearing or you will lose your license regardless of any defenses you may have.
