The prosecution has to prove that you were actually driving a vehicle to convict you of a DUI — and if they cannot, your charges may be reduced or dismissed.
A driving under the influence charge should necessarily include evidence that you were driving. After all, just being under the influence of alcohol isn’t a crime if you’re 21 or older. In most cases, either the police or a witness will have seen you drive the vehicle, such as at a DUI checkpoint or if you were seen leaving a bar and getting behind the wheel of a car. But other times, it is entirely possible that nobody actually saw you drive the vehicle. For example, if you were discovered passed out behind the wheel of the car along the side of the road, then there may not be proof that you drove the car. An Upland DUI attorney can help defend you against DUI charges if the facts do not show that you were driving the vehicle.
The “Driving” Part of Driving Under the Influence
To drive a car in California, a motor vehicle must be moved by your actions or your choice. It does not matter if the car went 50 miles or 50 inches — any movement that happened as a result of your actions or choice counts as driving.
This standard may be confusing, as it does not require the engine to be on or for you to be behind the wheel of the car. It only requires that you do something or make a choice for your car to move. If you accidentally cause your car to move — which may be the case if you are unconscious and knock your car out of park — it is not driving. The focus is on whether or not you did something voluntarily or on purpose to make your vehicle move. This could include coasting your car to the side of the road if the engine stalled, or reaching over to steer from the passenger seat. But if you do not take any action to make your car move — if you are just sitting in the car with the engine on and the car in park, for instance — then it does not qualify as driving under California law.
How Can The Prosecutor Prove That You Were Driving?
Of course, most DUI cases where driving is at issue do not involve an unconscious person accidentally putting the car into neutral or drive. Instead, the question often comes up when nobody saw you driving, but saw the aftermath of you driving under the influence, such as an accident.
In those cases, a prosecutor can prove that you were driving through what is known as circumstantial evidence. This is indirect evidence that tends to show that you must have been driving because X, Y or Z occurred. For example, if you were in a single car accident and you were the only person in the car, then you must have driven the car to get into the accident. The prosecutor will claim that someone must have moved your car in order for it to be in an accident, and because you were the only person in the car, that person must have been you.
However, if there were passengers in the car, the prosecutor’s case becomes more difficult. It won’t necessarily be obvious that you must have driven the car if one or more people were in the vehicle with you. Circumstantial evidence will not be as strong in these cases — and the jury may decide that there is reasonable doubt as to whether you were the driver. A skilled Upland DUI attorney can present evidence and testimony to raise questions as to whether or not you were driving. It is the prosecutor’s duty to prove that you were both driving and driving while under the influence of drugs or alcohol — and if she cannot meet that burden, then the charge could be reduced or dismissed.
At the Chambers Law Firm, our attorneys are skilled at defending clients charged with California DUIs. Attorney Dan E. Chambers is a former prosecutor, and understands how to put together factual and legal defenses to DUI charges. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com. Our initial consultations are always free!
