Criminal Defense Q&A: Can the Police Charge Me with DUI If They Didn’t See Me Driving?
Question:
My son had been drinking but a vehicle stopped in front of him on the freeway and he crashed into it but the person in that vehicle took off. My son’s car was damaged and would not run. The police saw him stranded on the freeway in his car and pushed his car of the freeway. They questioned him and gave him the breath test and whatever other test they do. And yes he was intoxicated. Is this a DUI?
Answer:
The most prudent thing to do would be to retain a criminal defense attorney. The attorney will fully investigate the facts of your son’s incident. Once the attorney has all of the information, the attorney can then properly advise you of the best course of action.
In general, a person who drives while his blood alcohol level is .08 or more is guilty of DUI, regardless of whether he exhibited dangerous driving behavior (such as drifting between lanes or swerving). See Vehicle Code section 23152(b). The issue is whether a prosecutor can prove (1) that the person was driving at the time; and (2) that the person had the requisite blood alcohol level when he was driving.
Continue reading criminal defense attorney Michael J. Ocampo’s answer at Avvo: Can a Person Be Charged for a DUI if They Were Not Caught Driving Intoxicated?
Attorney Michael J. Ocampo is a former deputy district attorney. He focuses his practice exclusively on criminal law so that he can help those accused of a crime — often ordinary, everyday people — ensure that their rights are honored and that they receive a fair opportunity to be heard.
