Legal Question in DUI Law in Arizona

''DUI'' on private property, non-moving vehicle

Can a person be charged with a DUI on private property with a non-moving, non-running vehicle when that person isn't in the vehicle or in control of the keys to that vehicle and the police officers didn't stop that person while driving or witness the person driving? There was no citation signed or issued, was forced to do a blood draw over 4 hours after detainment. Was detained 7 hours total then released, yet still no citation was issued or signed. Was never formally arrested or Mirandised. Vehicle was towed from the private property. It seems to me there is no basis for any charges. Any imput would be appreciated.


Asked on 7/04/05, 3:06 pm

2 Answers from Attorneys
Edward Loss The Law Offices of Edward A. Loss III, P.C.

Re: ''DUI'' on private property, non-moving vehicle

Only if the cops have a witness that can put you behind the wheel. Blood must be drawn within 2 hours of driving; or, the can "retro" it back to a time within two hours of driving or "APC" (Actual Physical Control). BUT, what if they don't know that time. Sounds like a very interesting and winable case. Feel free to give us a call.

Ed Loss

623-931-6362

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Answered on 7/04/05, 8:23 pm
Mark Lazell Mark Lazell P.C.

Re: ''DUI'' on private property, non-moving vehicle

Can receive DUI on private property. Have to be in actual physical control. Blood draw is supposed to be within two hours but the law allows the government to retrograde. If you want me to represent you in this case it costs $2,000.00

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Answered on 7/05/05, 8:06 am


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