Not Driving: How Can it Be Used as a Defense for DUI?

Our Bakersfield DUI Lawyers Offer Cutting-Edge Defense

At Campbell Whitten, our Bakersfield DUI attorneys work together to develop a convincing defense strategy for those who have been charged with driving while under the influence. Everyone’s case is unique, which is why our team utilizes specific techniques appropriate to each case and puts our heads together as a team to build a tailored defense on your behalf. If you were not even driving your vehicle when you were arrested, we may be able to use this as a defense.

In some cases, the officer will receive a call that a person was driving erratically and track the vehicle to the person's house or another residence. He or she may be arrested for drunk driving at the site where their vehicle was found, even if they were not currently inside.

Is this an appropriate and valid arrest? The answer may be that the arrest was technically legal, but a 'legal' arrest is still a long way from the proof beyond a reasonable doubt that the prosecution must have in order to convict you - and we often DUI charges dismissed in cases like this. If you have been charged with DUI under a similar circumstance, do not hesitate to contact us today and we can assess your case.

Building a Defense of Not Driving

California law states that the police officer must prove beyond a reasonable doubt that the defendant was actually driving the vehicle, and that the alleged drunk driver became intoxicated before or while they were driving, not after. The exception to this rule is if the prosecution can establish how much time had passed and that there was no opportunity for the defendant to drink any alcohol.

Certain pieces of evidence can make it difficult for the prosecutor to prove your case, such as an open container in your possession after you left your vehicle. This is why it is essential that you document everything about your case and provide this information to your attorney. You never know what details can be the tools to achieve a positive result to your case. Our firm may find that the officer had no real evidence for a valid DUI arrest.