Can I Be Arrested For DUI In California If The Officer Never Saw Me Driving?
July 26, 2011

There are many different types of circumstances surrounding DUI arrests and many people are unsure what they should do after they’ve been arrested for DUI in Los Angeles.  Most DUI arrests take place after an officer observes the individual driving, pulls them over, conducts tests, and arrests them. There are also many situations where the officer does not actually observe the individual driving but comes into contact with the person after the fact.  The individual facts and circumstances surrounding your individual case should be discussed with an experienced Riverside criminal defense attorney before you appear in court or decide to plead guilty.

There are two types of evidence that a prosecutor can use to prove you were driving in a DUI prosecution; direct evidence and circumstantial evidence. Direct evidence would be if the officer personally saw you driving or if another person could testify that they actually saw you driving.  Circumstantial evidence of driving would include any other facts or circumstances that would support the preposition that you were driving.  Examples could include the fact that you were in the driver’s seat of the vehicle when the officer made contact with you or that you were alone in the vehicle on the side of the freeway and the engine was still warm when the officer arrived on the scene.  It is important to understand that you can be convicted of DUI based on circumstantial evidence alone even if nobody observed you driving prior to your DUI arrest.

While circumstantial evidence alone could be sufficient to convict someone of DUI it certainly could make it more difficult for the prosecution to prove their case if nobody observed that person driving. If you have been accused of DUI in Riverside County, you will need an experienced riverside criminal defense attorney to vigorously represent you. At Wallin & Klarich, we have helped people accused of this crime for over 30 years. Call us today at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.

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