Depending on the facts of the case, you could be convicted of driving under the influence.
There are many urban legends or myths about driving under the influence (DUI), from how you can sober up quickly or “trick” a breathalyzer (no, sucking on a penny does not work) to when the police can charge you with a DUI. A recent arrest in Northern California highlights how the law regarding DUI cases can be complicated, and why you shouldn’t always rely on what a friend of a friend says about California DUI law.
On May 22, 34 year old Joel Barrera was found asleep in his car in Petaluma, California. His car was running, and was located in the parking lot of a local park. Once the police woke Barrera up, they determined that his blood alcohol content (BAC) was approximately twice the legal limit, which is .08 percent for most California drivers. They also found a semi-automatic handgun and a loaded magazine in his car. At the time, Barrera was on DUI probation, and his driver’s license was suspended. The police arrested him on three charges: suspicion of driving under the influence, violating his probation, and carrying a concealed weapon in his vehicle.
According to a Riverside DUI defense lawyer, a California DUI charge usually requires evidence that you were actually driving the car. Under California law, driving a car means that a motor vehicle is moved by your actions or choice. The key factor that the prosecutor must prove is that the vehicle moved any distance by something that you intentionally did.
However, there are situations where a prosector can prove that you moved your car by circumstantial evidence — indirect evidence that tends to show that you must have moved your car. For example, in the case of a person found unconscious in a car in a parking lot, the prosecutor might introduce evidence that he was in the car by himself, and that there is evidence that he was previously in his car at a grocery store. If such evidence exists, it would be circumstantial evidence that he drove his car from the grocery store to the parking lot.
A skilled Riverside DUI defense lawyer can often present factual or legal arguments against such circumstantial evidence. Just because a person got from point A to point B does not mean that they were driving under the influence. Can the prosecutor prove that the person was intoxicated when they drove? An attorney can investigate the case, and introduce alternative theories, such as a person drinking in his or her car in the parking lot — and never moving the car while intoxicated. Having an experienced Riverside DUI defense lawyer can make the difference in a case that relies on circumstantial evidence.
At the Chambers Law Firm, we aggressively advocate for our clients. We know that DUI charges can have a serious impact on our clients’ lives, and so we work diligently to make sure that each of our clients gets the best possible defense. Contact our firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a Riverside DUI defense lawyer.
