DUI laws make it unlawful for a person to drive a vehicle under the influence of alcohol or drugs in Orange County. However, there is a common misconception that an arresting officer has to observe you driving a vehicle erratically in order to arrest you for DUI. In fact, you could be arrested for DUI when you weren’t even driving.

Let’s examine how you could be arrested for DUI while in a parking lot.

When Can You Be Arrested for DUI in Orange County?

Under California Vehicle Code Section 40300.5, a law enforcement officer can arrest you if he or she has reasonable cause to believe that you were driving while under the influence of alcohol or drugs and he or she believes:

  • You were involved in a traffic accident
  • You were seen in or around a vehicle that obstructs a roadway
  • You will not be apprehended unless you are arrested immediately
  • You may cause injury to yourself or damage to property unless you are immediately arrested
  • You may destroy or conceal evidence of the crime unless you are arrested immediately

California Vehicle Code Section 23215 states that law enforcement can enforce DUI laws on land or property that is not designated as a public road. This means that you can be arrested for DUI regardless if you think you were on private property.

Circumstantial Evidence in DUI Cases

DUI arrests often occur when a law enforcement officer observes the driver displaying signs of impairment, such as swerving between lanes or driving much slower than the posted speed limit. However, there could be circumstantial evidence that shows you were driving or planned to drive a vehicle if you are stopped in a parking lot in Orange County.

Examples of circumstantial evidence in an Orange County DUI case include:

  • You were in the driver’s seat with the keys in the ignition
  • The hood of your car (engine) or tires is warm
  • The headlights of your vehicle are on
  • You state to police that you drove the vehicle or intend to

The best way to avoid getting arrested for DUI in an Orange County parking lot is to:

  • Leave your engine off
  • Avoid sitting in the driver’s seat, and
  • Keep your keys in your pocket or some other location that is not in the ignition

Our skilled Orange County DUI defense attorneys at Wallin & Klarich may be able to help you attack the circumstantial evidence against you and raise reasonable doubt that you committed the crime of DUI.

Contact the Orange County DUI Defense Attorneys at Wallin & Klarich Today

Have you or someone you love been accused of DUI in Orange County? Contact our skilled and knowledgeable Orange County DUI defense attorneys immediately so we can defend you aggressively. Our law firm has been successfully defending clients accused of DUI in Orange County for more than 35 years. Let us help you now.

With offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles and San Diego, you can find an experienced Orange County DUI defense attorney available near you no matter where you are located.

Call our office today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.

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