How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask CrimDefense Your Own Question
CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 23940
Experience:  9+ years defending Misdemeanor and Felony cases.
9540344
Type Your Criminal Law Question Here...
CrimDefense is online now
A new question is answered every 9 seconds

I live way out in the country and tried to turn around in a

Customer Question

I live way out in the country and tried to turn around in a fielld but was stuck. So i got out and walked home, waiting for my husband to get home. Meantime I was pretty upset and started drinking. I got worried about my vehicle and walked down the road trying to see if it was locked. it was so dark that I could not find it and walked clear by it. I was disoriented. Finally I became exausted and fell over and started having seizures. The ambulance got there (someone passed by and saw me) took me to the hospital where they gave me a bac test as well as pumped me up with adivan for the seizures. QUESTION... Can I be charged with DWI even though i was found miles away from the vehicle?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 5 years ago.
Based upon the facts you stated, it does not appear they are going to have a good faith basis to charged you with that crime. A key element is driving and that means being in actual or physical control of the vehicle. If you were not driving nor even in the car, there is no way for them to prove you were driving. Moreover, there would be no way of proving you were impaired at the time either. As such, it does not appear they could charge you with this crime. If they do , you certainly want to retain an attorney to fight this