Saturday, July 14, 2012

Can I get A DUI In California If I Wasn't Driving?

The short answer is no.  The law in CA is that you must have drove when you were impaired. However to better answer the question it is important to understand that California DUI Laws allow for the state to prove driving with the use of what is known as circumstantial evidence.  Here's an example:  The person arrested was found drunk passed out on the side of the road in his car with the engine running.  Can this person be convicted of DUI?  Possibly.  You see, the prosecutor can prove that he was driving at a time he was impaired due to circumstantial evidence such as the fact he was alone in the car, he was drunk, he had to be the driver and he must have driven there when he was drunk.  This type of case is common where the person admits that he drove to the location.  The burden then shifts to the defendant to provide some other scenario that may point to his innocence such as the fact that someone may have drove him there and then left. If no alternative explanation is proffered then the person will likely get convicted.

Therefore, you see that it does not take direct evidence of driving to prove someone was DUI, the CA laws allow for this to be proven in many different ways.  If the circumstances indicate beyond a reasonable doubt that you were driving at some point when you were impaired, you can get a DUI.

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