You could be charged with a DUI in certain circumstances
In an ideal world, we would all plan ahead when we go out for a few drinks. We would have a designated driver, make sure that we have the Uber or LYFT app on our phone, get a hotel, or have a friend who can come and pick us up. Unfortunately, too many people don’t plan ahead — and decide to get behind the wheel after having a few drinks. This can lead to a California driving under the influence (DUI) charge.
What if you didn’t plan ahead, but decide to play it smart and fall asleep in your car rather than driving? Is that a good plan — or could you still be arrested for a DUI?
According to a DUI defense attorney Los Angeles, CA, the answer to that question depends on several factors — most importantly, whether there was any proof that you “drove” the car. In California, driving a vehicle means that you move a vehicle voluntarily and of your own volition. Even slight movement is enough to “drive” a vehicle as long as you made the car move voluntarily.
This seems relatively simple: as long as you don’t move your vehicle in any way, you should be OK to sober up inside of it. Yet doing so can still lead to a DUI, if there is any circumstantial evidence that the car was moved. For example, if you leave the bar and get into your car to sleep one off — which was parked along the side of a winding road — you may think that you are fine. But what if a police officer sees your vehicle, and believes the your vehicle could have only gotten there because you drove it there while drunk? In that situation, you could be arrested for driving under the influence. Of course, with the help of a DUI defense attorney Los Angeles, CA, you could prove that your car was parked there all along — because the parking lot was full and there was nowhere else to park.
There are some cases where prosecutors are able to build a strong case based on circumstantial evidence that a person must have driven drunk — even though there is no direct evidence that they actually drove. If a vehicle is found in a ditch, with its intoxicated owner sleeping in the back seat, a prosecutor could argue that the only way that the car got there is if the car’s owner drove it — and then later got out and slept in the back seat.
Even though California law requires that you physically drive a vehicle before you can be convicted of a DUI, sleeping inside of your vehicle when you are intoxicated does present the possibility of being charged with a DUI. A better option would be to call a cab or otherwise get a ride home instead of sobering up in your car.
If you have been charged with a California DUI, you will need an aggressive DUI defense attorney Los Angeles, CA to represent you. Attorney Dan E. Chambers has experience as both a prosecutor and now as a private criminal defense attorney. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a DUI defense attorney Los Angeles, CA.
