Legal Question in DUI Law in California

As a Former Deputy District Attorney who has handled 1000 or more DUI's in my 25 years, I can only tell you to seek a very good DUI defense attorney. The prosecutor can try to convict you based on circumstantial evidence. There are facts you elucidated which can be positive for you, so talk with an attorney to go through all the facts, to obtain some wise counsel. I wish you the best......David

Good question. Yes, you can still receive a DUI without having the vehicle in "Drive". However, it is impossible to answer your question without knowing all the facts. In making the determination of whether a person is in control of the vehicle to satisfy VC 23152 (aka, DUI), the court will look at the following in addition to a number of other factors:

1. Whether the vehicle was running?

2. Whether keys were in the ignition?

3. Where the person was located within the vehicle at the time of arrest.

4. The blood alcohol level at the time of arrest.

It also may be possible to challenge the initial stop of your vehicle. If it is shown that the police had no reasonable suspicion for the initial stop of your vehicle or probable cause for the subsequent search, it may render sobriety test unlawful.

More info can be found at: http://www.mjboyerlaw.com/services-2/duitrafficdmv/

Matthew J. Boyer, Esq.

The Law Office of Matthew J. Boyer

Representing clients in San Diego and Orange County

Well, if you do nothing, the DMV will suspend your license and you'll face DUI charges in court. With a lawyer, you can fight the legality of the contact, arrest and subsequent chemical test.

Your question raises issues. They need exploring.

Yes you definitely need a lawyer as soon as possible. A lawyer can help you protect your license in a DMV hearing but only if he/she starts immediately. A lawyer can also investigate the search and seizure issues that you raise, as well as the proof issues that will be raised at trial

Yes, you CAN be arrested and charged. You ARE arrested and charged.

You can fight it.

A little free advice: If arrested for DUI, whether alcohol or drugs, then upon release from jail or booking, the defendant is given documents that include a notice that he has only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of license imposed by DMV because of the arrest. That is separate and runs consecutively with any other suspension that may be imposed by DMV, or the court upon conviction. Contact DMV and do so timely if you think you have grounds for appeal, then appear at the scheduled DMV appeal hearing to present your supporting evidence and witness testimony. If you don't know how to do these things effectively, then hire an attorney that does. If serious about hiring counsel to help in this, an if this is in SoCal courts, feel free to contact me.

More free advice: exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except with and through an attorney. When charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? No amount of free 'tips and hints' from here or elsewhere are going to effectively help in a legal defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be.