Legal Question in DUI Law in California

If you're parked on the side of the road, the police can stop to see if you need help. If you turn out to be intoxicated, it could turn into a DUI arrest. Whether there is enough evidence to convict you is another story.

The prosecution with have to prove you were actually intoxicated at the time you drove. They might be able to convince a jury that there was enough evidence to show there was no other way you could have arrived there except by driving drunk� but that depends on factors like your test results and where you were stopped.

Bottom line: the answer is maybe, but you won't get an informed opinion from a stranger on the Internet who doesn't have all the facts.

Remember, you have to call DMV within ten days of your arrest to request a hearing what do you need to spend your license in a procedure that is completely separate from the criminal court case.

Most DUI attorneys offer a free initial consultation, and will help you with the DMV issues, too.

I respectfully disagree with Mr. Marshall. The police can arrest you for anything, but the prosecution has to prove you were 1) driving while 2) intoxicated, and if they didn't see you driving, and you didn't foolishly admit that you were, they might not be able to prove it.

Of course. When arrested and charged with any crime, the proper questions are, can you be convicted, and what can you do? Defend the charges. Go to court, enter a not guilty plea, arrange bail reduction or O.R., set up and attend the court hearing[s] and trial date[s]. File evidence suppression or other motions as applicable. Raise all the available defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for motions, plea-bargaining, or at trial. Go to trial if it can't be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. If you don't know how to do these things, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain for you, or take it to trial. If serious about doing so, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help you use whatever defenses you may have. If you can't afford private counsel, you can apply for the Public Defender.

I don't quite understand Mr. Stone's disagreement. He notes, as I did, that the prosecution bears the burden of proving you drove while intoxicated.

The police CANNOT "arrest you for anything" unless they have an objectively reasonable suspicion that you were committing some sort of violation of the law... which can range from a burned-out tail light to murder.

I said a police encounter COULD turn into an arrest because I've handled many cases where my client's Fourth Amendments were violated by an unreasonable arrest or detention.

The prosecution has the burden of proving the officers' actions were legal; if they can't do that, they can't use the evidence -- including chemical tests, and even the officers' observations -- against you.

Any time an experienced DUI attorney reviews the reports in a new case, search issues are one of the first things we look for.

That's why I noted that neither I nor any other stranger on the Internet can give you informed advice without a complete review of all the evidence.