Saturday, August 7, 2010

Is There a Crime of Parking While Drunk

More often nowadays attorneys are seeing cases involving individuals arrested for DUI that were not actually driving . The question many folks have is whether it is legal to arrest foe drunk driving when the suspect was actually parked. The officer is permitted under California law to arrest if he suspects that the person was driving when they were intoxicated even if they were not driving when the officer pulled up. Th bottom line is that there must be sufficient circumstantial evidence that shows a crime did occur, ie. that the person admitted to having too much to drink and driving or that the engine is running or that the car is blocking traffic, etc.