Legal Question in DUI Law in California

Dui while not driving.

Can I be arressted for a DUI when I was parked and in my house?


Asked on 2/05/03, 5:15 pm

4 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Dui while not driving.

Sounds like you already have been. But will you be convicted? That is the appropriate question. Contact me if you want to discuss having counsel defend you.

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Answered on 2/08/03, 4:56 pm
David Diamond Diamond & Associates

Re: Dui while not driving.

YES, BUT YOU SHOULD BE ABLE TO GET THE CASE DISMISSED. Call us if that is your goal. LARRY WOLF 310 277 1707

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Answered on 2/06/03, 7:53 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Dui while not driving.

Thanks for your posting. "Driving" is an essential element of the crime of DUI, so the prosecution has to prove that you were driving. Although this is normally done through direct evidence (the police observing you drive), it can also be made through admission (you stating you drove to a location), or through circumstantial evidence.

I don't have enough information to answer that part of your question, but depending on that additional information, you may or may not be charged with DUI while inside your house.

I hope this information helps, but if you have other questions, or need more information, or want representation, please feel free to email me directly at [email protected]. Thanks, and best of luck.

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Answered on 2/05/03, 5:33 pm
Adam Telanoff Telanoff & Telanoff

Re: Dui while not driving.

Absolutely. As long you had been previously driving under the influence, it does not matter where you were when the police found you.

On the other hand, it is a lot harder for the prosecution to prove that you had been driving under the influence when they do not catch you driving. Your statements to the police, and trial testimony (if it gets that far) are critical.

Please contact me to discuss this matter further.

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Answered on 2/05/03, 6:45 pm


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