even though I was not behind the wheel of the vehicle it had a flat someone was changing no rights were read i was slammed and messed up bad bruised for days after I was drunk when they arrived and no questions asked 2 cops slammed me on the hood in front of my kids and indicated me on 8 charges my attorney wants me to plea out take 2 dui's 30 days rehab and 30 days in jail 250 hrs community service and a HUGE fine but I don't think it's right when I was standing by the car not in it and the obstruction charge should have been resisting arrest when I WAS THE ONE with a knot on my head bruises with their whole hand prints and my wrists were black and blue for 4 days and my lawyer says he can't tell me what to do thought thats what lawyers did please help
Police do not have to see you DRIVE. Circumstantial evidence can be enough to convict.
The case cannot be analyzed from YOUR description. The police report, video(s) and police testimony will likely fill in a lot of GAPS in this story.
Of all DIFFICULT cases for drunk driving, none exceed the difficulty factor for traying to get a Judge or jury to sympathize with any parent drinking, (much less drunk) with small children in the vehicle. (under ager 14 makes a NEW DUI case for each child in your vehicle.
Your lawyer likely has as good a deal as you will get.