If you have been pulled over on suspicion of a DUI, you may have spent the night in custody and have received a citation asking you to appear in Court. This does not mean you have been found guilty of a DUI. It simply means that the authorities have a reason to believe you may have been guilty of driving under the influence of alcohol or drugs.sYou have simply been charged under California Vehicle Code §§ 23152, or 23153.
Before you can be convicted of a DUI, the Court must find that you meet the elements for a DUI beyond a reasonable doubt. This may be accomplished by either entering a plea, or being found guilty by a jury of your peers.
So then, what are the two elements that you must meet before you can be found guilty? First, you must be proven to have been driving, and second, you must have been under the influence. If you were just driving and were not under the influence, then there is no DUI conviction. If you were under the influence of either alcohol or drugs, but were not driving, then there is no DUI conviction. If you have been charged with a DUI in either of those scenarios, then your case will be dismissed.