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.
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.
