I got a DUI. I wasn't driving. I was under my hood cause my car stopped running. Someone else in the car was driving...

I'll make this quick and simple. YOU must hire an attorney. YOU only have 10 days to demand a DMV. This might be won at the DMV hearing.

Yes it is legal for him to arrest you on suspicion of DUI; however, that is different than being "convicted" of DUI. You need an experienced DUI criminal defense lawyer who can help you fight these ridiculous charges. The proof needed to arrest you is much lower than the proof needed to convict you. And even though you were not driving, you will have to fight the DMV as well. Note that if you or your lawyer don't contact the DMV within 10 days of the arrest, you could lose your license EVEN if the criminal case is dismissed. Most of us here on , including me, will talk to you for free about your case. Which courthouse were you assigned to??

The fact that you were not driving is a defense to the charge of drunk driving. However, you may need to prove that you were not the driver in a jury trial. This can be expensive. You need to hire an experienced attorney and the person who was driving to give a statement to that effect. You might also consider taking a polygraph examination. This may get the DA to drop your case without going to jury trial. The cost of a polygraph is less than half of the cost of one day in trial. But, again, you need an experienced attorney working with you. Good luck.

Typing in capital letters won't get you anywhere. In the end, the jury would decide whether they believe you were driving or not. As others have said, hire an experienced DUI lawyer to represent you. There's nothing a stranger on the Internet can do about this case. If you don't contact DMV within ten days of the arrest to request a hearing, they will automatically suspend your license... even if the DA decides not to file a criminal case.

You have a strong defense in this case, but need an experienced DUI lawyer to handle this process right. Your witnesses and any statements you made to law enforcement are key. Consult with some DUI attorneys to discuss your case in detail, and to gauge what kind of evidence the government will try to use to say that you were driving (apart from the car being yours). It is also important to request a DMV hearing within 10 days, otherwise your license will be suspended automatically, without a conviction.

That is awful. Yes, as former police officer I can tell you what that is called. They call it "a victim of recap." That is where yes they can justify the arrest using circumstantial evidence. They only care about their personal arrest record for the month and figures "let the Judge figure it out." The best thing you did was to make it clear that you were not driving at the time of the investigation. So many people call me with that defense, but never tell the officer at the scene. They are lying, because if they were telling the truth, they would have told the cop at the scene, like you did. It is a defensible case from what you have written. Get an attorney and that atty will discuss the case with the DA to try and get it dismissed. Declarations from your friends will be used as well.

Here's the problem -- you are not driving and there's three people in the car -- who is in the driver's seat when the cop pulls up? No one? See how that may be an issue? Before spending any money you could benefit from meeting with an attorney to discuss further. Even if you decide not to hire the attorney the consultation with him or her could help you to understand the issues and your options. Many reputable attorneys offer a free consultation. I wish you the best

Contact an attorney in your area. You have a great defense if true. Probable cause to arrest is a fairly low standard .

Was there someone in the driver seat? Where were the keys? Did someone else admitted to driving? I guess there were facts that pointed to you driving. If no one was in the driver's seat, you're going to need a serious defense lawyer to fight this.