Legal Question in DUI Law in California

Dui

My brother was apprehended on the street in Capitola. His ''story'': He had something to drink at home. Then drove downtown and parked in a pay lot, proceded on to two other bars and drank more. A witness claims to have seen him driving drunk and phoned police with his license plate number (he says this must have happened before he parked).

His friends then decided to take him home and put him outside the bar while they retrieved his car. This is when the officers found him and arrested him for DUI. If he was, in fact, not driving or anywhere near his car, can he be convicted of DUI? Would it depend on evidence of how long his car had been parked before the officers found him? Would it depend on evidence of how long he was at each of the bars? I can't find any information online about this type of situation.


Asked on 5/04/09, 4:31 pm

1 Answer from Attorneys
Brian Dinday Law Offices of Brian R. Dinday

Re: Dui

Under these facts, I see no way they can convict him of DUI. He should not plead guilty to anything. An officer has to SEE a misdemeanor committed to arrest for it. These officers never saw him drive. The civilian who called them is not qualified to judge his being under the influence, so they have no case. Unless the police lie and say they saw him driving, he should walk.

You can call me for a free consultation, since this is in my area. I have been doing criminal defense for over 30 years, and this is a good case. You can also check my website at http://Dinday.com

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Answered on 5/04/09, 4:39 pm


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