In order for someone to be found guilty of a Los Angeles DUI, the prosecutors must prove two separate elements: 1) Driving and 2) while intoxicated. Both elements must be proven, if there is only one, the person cannot be charged with a DUI.
So, if you were not driving while you were intoxicated, you could not be charged for a DUI. However, driving is often a gray area and could prove to be difficult to prove..or disprove. This is why a Los Angeles DUI lawyer is so essential and beneficial to a DUI case. They know precisely what arguments to make and what evidence to present, to ensure that the gray area leans in the favor of their client. The best way to understand this idea is to illustrate an example from a case.
The client was intoxicated when she got a call from her boyfriend. Her boyfriend was also intoxicated at a local hotel and was arguing with hotel staff in the lobby. She was called to come and get him before he got arrested. She drove to the hotel to pick him. Once she got him and got into her vehicle, officers arrived at the scene. Officers were presumably called by hotel staff regarding her boyfriend and his behavior in the lobby. Before she could drive off in her vehicle, she was asked to step out of the vehicle and submit to an alcohol screening test. She was then arrested for a DUI. The client’s position is that she was not driving, and if she was not driving she could not be arrested and charged with driving under the influence.