Three Rivers, CA DUI Law Firms & Lawyers

The keys do not have to be in the ignition and the car does not have to be running in order for you to be convicted of a DUI. Whether you can be deemed as in "actual physical control" of the vehicle, as the law requires, depends on all of the relevant facts, but from what you've stated in your question, it appears that you could be convicted of a DUI. You can still always choose to take the charge to trial, but it does not sound like your public defender's suggestion is completely off base, as you'd have to prove a lot more than just the fact that the keys were not in the ignition or visible.

It is definitely recommended for you to have an experienced DUI lawyer represent you in this case. Although it is possible that an attorney could get a case completely dismissed, there is no guarantee of that result no matter who you hire. An attorney can work the case to look for flaws in it and appropriate defenses in an attempt to get the DUI charges dismissed or reduced to a lesser charge. Unless there is no question or argument that the other person was 100% at fault (and that is rarely the case), they will likely try to use the DUI arrest against you in seeking damages in what is called a "restitution" hearing. And even if it was determined that the other driver was 100% at fault, it wouldn't mean that your case is automatically dismissed given that you had a BAC higher than .08. With the accident involved, your case becomes more complicated with potentially more risk involved (above an already serious DUI case). You may find that not having an experienced attorney representing you may cost you more in the long run.