I got a DUI, but I wasn't in the car. Case dismissed??? : legaladvice

Authored by reddit.com and submitted by Divide-By-Zer0

Ok so one day my wife had gotten a ride to work, because our car wouldn't start. I was at home when I started having a bad anxiety attack. I walked to the store and grabbed a pint of whiskey to sleep through the anxiety. I drank about half the bottle rather quickly and laid down. The next thing I remember was waking up at my sister's house.

My wife told me that I showed up to her work and that her car was on the curb in the parking lot (as if someone went to park but didn't stop and ended up jumping the curb). The vehicle was in drive with the driver door open. Some customers said I was walking up to every white car (same color as my wife's car) and trying to open the doors.

One customer called the police. I'm not sure exactly what they told the police. The police showed up an hour and ½ after I had arrived. My wife came outside to talk to me and that's when she noticed the placement of her car and that the police were there. She asked me what happened and I told her, "I have no idea what's going on." Then the officer came to me and pulled me aside.

My wife said the officer asked me if the car on the curb was mine and if I had been driving it. She said that I answered no to both questions. I did have the keys, but the car is push button start so I could have been anywhere in the vehicle for it to start and the car was still running when I exited the vehicle. The officer said I was too inebriated to do a field sobriety test so he arrested me and took me to the station and gave me a breathalyzer. I blew over the limit. The officer said I was too drunk to be put in jail so he released me to my wife and mother. I guess the judge decides what I will be charged with. The options are dui, extreme dui, driving on a suspended license, or another option that I'm not sure what it is.

I've never had anything like this happen to me before. I've blacked out before but never to the extent where I don't remember anything. The only bits and pieces I do remember we're when I was at the jail being questioned. It felt like a dream or almost like I was on a dissociative drug. I would never in my right mind drive a vehicle after consuming that much alcohol. I'm not sure if perhaps I had someone else drive me there and maybe they took off when they jumped the curb? I don't even see how it would be possible for me to make it to my wife's work safely in the condition I was in.

Do I have a chance of getting the case dismissed? The officer never saw me in the car. We're not sure what the complaint was from the person who called the cops. They may have called, because I was trying to enter other vehicles. As far as I know the witness was not present when the police arrived. The officer didn't request any of the surveillance tapes.

What would you say my odds are of having the case dismissed based on the above information? Thanks in advance for any responses, information, or opinions.

RedoubtableSouth on January 13rd, 2020 at 17:45 UTC »

I was having a bad anxiety attack and wanted to just sleep through it. I never would have intentionally gotten behind the wheel in that condition. Why is it doubtful? Don't they have to prove beyond a reasonable doubt that I was driving?

OP, do you really not understand why people don't believe you? Do you really expect anyone on the planet to believe some random person you know nothing about decided to drive you and your car to your wife's workplace, park the car exactly how a drunk person would, leave your drunk ass blundering around the parking lot with the keys, and skipped off on their merry little way like some little chaos fairy who's done his universal duty create unexplainable havoc?

This is what substance abuse does to people, though. My brother had the exact same downright moronic logic and thought no one could possibly see through his fantastic excuses.

kirkl3s on January 13rd, 2020 at 17:33 UTC »

HOLY. SHIT. This might be my favorite LA post of all time.

Two highlights for me:

When someone suggests that getting drunk to quell your anxiety is not a healthy way to use alcohol and LAOP responds with "So than how does one correctly use alcohol"

LAOP states in his post and then insists in several comments that he "only" drank half of a bottle of whisky but later confesses that he only remembers drinking half the bottle but that when he arrived him the bottle was completely empty

This post is a shitshow from start to finish and is 100% the reason that I sub to r/legaladvice.

Divide-By-Zer0 on January 13rd, 2020 at 17:32 UTC »

The thing that gets me is that this story starts with "Our car wouldn't start." So LAOP goes to the store, downs half a pint of whiskey, blacks out, downs the other half a pint of whiskey, drives to his wife's work, puts it on the sidewalk, leaves it in drive with the door open, wanders around trying to get into parked cars for 90 minutes until the cops show up, and nobody involved even appreciates that he fixed the damn car. I can't even fix a car stone cold sober.