Friday, December 10, 2010

DUI While Parked

Penal Laws in the state of California define DUI as driving at a time when your mental or physical faculties are impaired to such a degree that you cannot operate a motor vehicle with the caution characteristic of a sober person. The interrogatory is frequently asked if a person can be arrested and charged with a DUI while they are parked in their driveway. The answer to this question depends on whether the police can establish actual driving. Obviously,  the law does not require that the police officer actually see the person driving, this element can be proven using circumstantial evidence. So, if the governmental officer sees the person pull into his own driveway and he is under the influence, game over. Further, if another witness sees the driving, same conclusion. Also, if evidence can be obtained to infer recent driving, IE. warm engine, admissions to recent drinking at the bar prior to arriving home, slumped over wheel while engine running, etc, all can be used to come to a rational conclusion that the person was driving. If other evidence, FST's breath tests and other evidence established that the person was impaired at the time of driving, a DUI case can be established.