Los Angeles DUI and The “No Driving” Defense

  • May 26, 2017

    A DUI charge can cause heavy sanctions to be placed on your driving and criminal record. Being convicted of a DUI for the first time comes with stiff penalties to deter future drunk driving and drug related driving offenses. Thousands of people are charged and convicted of DUI each year. If you’ve been stopped or arrested for suspected DUI, a Los Angeles DUI attorney can help with your defense. Multiple DUI offenses with ten years can cause a driver to face prison time. Most officers will ask you take a series of tests including eye examination, Rhomberg test, One lest test, and/or a field sobriety test.

    Unfortunately, when you refuse a sobriety test, your license is immediately suspended and you can or will be taken to jail. You only have ten days from the date of your arrest to request an administrative hearing to contest your drivers license suspension. If you wait to long, you may waive your rights to contest a DUI suspension with the Department of Motor Vehicles. Contesting your drivers license is time sensitive and requires your immediate response. A legal professional can help you secure your license in the event that you’ve been convicted of a DUI offense.

    What Is A “No Driving” Defense

    A “no driving” defenses says, that if a you weren’t driving, you can be charged with a DUI offense. This law is the most used defense in states nationwide, but primarily in California. Individuals know its perfectly legal to sit in a car while intoxicated and this leaves the preponderance of evidence to the officer to prove that you were driving that particular vehicle intoxicated on in connection with a DUI related collision. Simply, contesting that the individual was over the BAC is not enough when a individual is sitting in a vehicle intoxicated.

    The no driving defense is often used when you’re in a parked car intoxicated, but haven’t driven the vehicle, you were arrested for standing near a car intoxicated that was involved in an accident that you didn’t drive, or someone reported you driving erratically and when the police arrived at your home they found you intoxicated. Many people would like to know if a police officer can use discretion to determine if they were driving a car. A legal professional in California can help you with your no driving legal defense. Most law enforcement officers know that you were driving the vehicle, but not under all circumstances.

    Unfortunately, the law allows the police to use inference to decide if you were a vehicle or not. It is a simple way of saying, they are allowed to make an educated guess. However, if law enforcement receives a call of a suspect hitting a pole, find you in the driver’s seat, they can reasonably assume that you were the driver. They can arrest you based on the assumption, but that doesn’t mean that they’re right. You should never admit to driving and exercise your right to remain silent. In this instance, you would need a legal professional that can fight for your no driving defense.

    A California defense lawyer has expertise and knowledge to defend you in a DUI case. They have experience with the courts, the laws, law enforcement, and multiple DUI arrests. You should never run the risk of fighting a DUI on your own and losing your license, getting points against your driving record, higher insurance premiums, and/or facing time in prison. You’re invited to schedule a free consultation with a California DUI attorney to discuss the details of your DUI legal defense today.

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