When most people in California hear the phrase “driving under the influence,” they believe that “driving” is a key part of the charge. What many may not understand is that in California, the law does not require a police officer to witness or see you driving before the officer can take you into custody for DUI. A police officer can actually arrest you based on “circumstantial evidence” that you were driving. If you’re charged with DUI in Orange County or anywhere in southern California on the basis of “circumstantial” evidence that you were driving, get legal help immediately by contacting an experienced Orange County DUI defense lawyer.
Let’s say, for example, that you’ve had several drinks at a gathering, but you feel sober enough to drive home. A few minutes later, that last drink hits you, and you pull over to sleep it off. The next thing you know, the police are knocking on your window. You explain, but you’ll probably be arrested and charged with DUI anyway. No one saw you driving, so the evidence is circumstantial, but it’s legally sufficient for the officer to make the arrest.
Sometimes, good people trying to do the right thing are wrongly charged. If you’re charged with DUI in this kind of scenario, it’s imperative to have a good DUI defense lawyer. DUI is prosecuted aggressively in California, and a conviction can have genuinely and seriously negative consequences. If you’ve been drinking, take a cab, designate a sober driver, or find another way. Even a first-offense misdemeanor DUI conviction is punishable in California by up to six months in jail and the temporary suspension of your driver’s license. In Orange County, if you’re arrested for DUI, whether or not anyone actually saw you driving, call an experienced Orange County DUI defense lawyer immediately.