Legal Question in DUI Law in California

It can be, if the police had a reasonable belief that you had been driving under the influence when you were driving. If you had been in a bar, and were waiting in the parking lot of the bar, you have a very good legal argument that it was not a DUI, because you had not been operating a motor vehicle.

For the purposes of arrest, it is if the officer says it is. You said you were in the vehicle, presumably with the keys, suspected of haven driven it to there, and he decided you were under the influence. You get to defend the charges now with whatever rebuttal facts and evidence you have that could show you hadn't driven it there, or anywhere while under the influence. If serious about hiring counsel to help in this, feel free to contact me..

It is really difficult to answer your question without additional facts. However, with the information you have provided there is a possibility that a DUI charge could be successfully brought against you.

You really need to discuss this with an attorney and answer some questions in order to make a determination as to what to do. If you would like to contact us with additional questions please feel free to contact us through our website at: www.brianmcginitylaw.com .

Good luck