The No Driving Defense for DUI Arrests

Can I Be Arrested for DUI for Sitting in My Car?

The No Driving Defense for DUI Arrests

Driving under the influence convictions can ruin your day-to-day life. Your license will be suspended, and you may face jail time and steep fines. Additionally, DUI charges can cost you a job or promotion.

California DUI laws require that someone actually be driving to be guilty of a crime. One method for avoiding a conviction is to argue that you were not driving under the legal definition of the term.

The Legal Definition of Drive

Your experienced criminal defense attorneys may attempt to use the “no driving” defense after your DUI arrest. To win an argument that you were not driving, you must prove that you were not moving a vehicle of your own volition. There are various ways that you may be legally driving that defy common sense.

First, the car must move. But, it does not need to move a long distance. If you roll a car a few inches, you may legally be driving.

Next, you do not need to have the engine running to be driving a car. Coasting with the engine off can lead to DUI charges, as can having the car turned off but in neutral and allowing gravity to pull a vehicle down a hill.

Even if the car is not in gear, you may face DUI charges. As in the above example, a vehicle in neutral can be driven.

Finally, you can drive a car solely by steering. Even if you do not control the accelerator and brakes, you are driving if you hold the steering wheel. For example, if you are in the passenger seat but have the wheel because the driver is distracted, you can be convicted of a DUI.

A DUI Conviction Requires Proof You Were Driving

Now that you know all the different ways you can drive a car, let’s discuss what is NOT considered driving under California law. Merely sitting in the driver’s seat of a vehicle that is not moving is not driving. To be convicted of DUI, a prosecutor must prove that you were driving.

The no driving defense relies on a lack of evidence. If law enforcement only observed you sitting in your parked vehicle, they may not have enough to show you were driving.

Evidence of Driving Can Be Circumstantial

However, even if the police only saw you in a parked car, there are ways to prove you were driving. This can occur even if you were never actually seen in the vehicle at all. This is known as circumstantial evidence. Especially following accidents, prosecutors can rely on circumstantial evidence to convince a jury that you were driving.

For example, if a car is found crashed into the highway’s median, it is reasonable to conclude it was driven there. This is true even if a witness cannot testify that they actually saw the car hit the barrier. Similarly, imagine your car is found crashed on the side of the road, and you are found injured in the grass near the accident. If no one else is around, circumstantial evidence exists that can prove you were driving that vehicle. The fact it was your car, it was crashed, and you were at the scene hurt in total can lead to your conviction, even if no one actually saw you driving the car.

To use the no driving defense after a DUI arrest in Orange, California, you will need skilled defense lawyers that know how to challenge the circumstantial evidence against you. The Chambers Law Firm has years of experience helping people in the greater Los Angeles area avoid DUI convictions in situations like these. Schedule a free consultation today by calling 714-760-4088 or emailing info@orangecountyduifirm.com.

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