Articles Posted in Driving

There are a number of defenses available in a Los Angeles DUI case, one of them being that you were not driving. In order to be guilty of driving under the influence in Los Angeles, prosecutors have to prove two elements beyond a reasonable doubt; 1) that you were under the influence of drugs and/or alcohol and 2) that you were driving. Proving one or the other is not sufficient. You can be intoxicated and not driving, and you cannot be charged with a DUI. Likewise, you can be driving and not under the influence, and cannot be charged with a DUI. Both elements must be present, beyond a reasonable doubt.

Generally, it is easy to prove that you were driving. Most of the time someone is driving, and commits a traffic violation. That is the reason they are stopped. But officers observe you driving, and operating the vehicle, when they stop you, so that element is easily proven.

However, in some cases it is not that easy. Let’s consider an example. Danny has gone out to a friend’s birthday at a bar. He drives there and parks his car in the parking lot. The party goes on longer than expected and at the end of the night, Danny has had a drink more than he planned. He makes the decision that he is not able to drive home. He goes to his car and decides to sleep it off, crawling into the back seat with the keys in his pocket, he passes out. He wakes up to officers knocking on his car window. If Danny is arrested for a DUI, his Los Angeles DUI Lawyer will present a strong case that he was never driving. He will likely present a strong argument that Danny was asleep in the back seat, keys were in his pocket, the receipt to the bar was right where he was parked, not implying he drove anywhere. This will be a weak case for prosecutors, and they must fully prove the element of driving beyond a reasonable doubt. Otherwise, they cannot find Danny guilty.

If you have been arrested under suspicion of driving under the influence, you have not yet been convicted. An arrest simply means that officers believe there is a reasonable doubt that you were driving under the influence. In order to be convicted, prosecutors have to then prove in Court, that you were 1) driving and 2) intoxicated beyond a reasonable doubt. Both of these elements need to be proven, not just one or the other. Both elements include a level of subjectivity. This gray area allows Los Angeles DUI Lawyers, such as our firm, to cast doubt on the prosecutor’s case, and leads to cases being dismissed or charges being reduced.

Let’s take a look at the element of driving in detail.

For you to be convicted of you a Los Angeles DUI, you must be driving at the time you were intoxicated. If you were not driving, then you cannot be convicted of a DUI. Oftentimes, driving is the easier element of the two to prove, as a person is driving and is pulled over by officers. However, in many cases, it is not so cut and dry. Let’s consider some examples.

If you have been charged with a Los Angeles DUI, you have not yet been convicted. If you have been arrested, you have not yet been convicted. It merely means that there is probable cause for officers to believe that you are guilty of driving while under the influence.

For someone to be convicted for a DUI, the prosecutors must prove that the driver was in fact driving beyond a reasonable doubt, and that the driver was intoxicated while driving. The prosecutor must prove both elements, not just one or the other.

This does not mean that you cannot be charged with a DUI, if you weren’t driving. You may still be charged with a DUI if officers have a reason to believe that you were, at some point, driving while under the influence of alcohol or drugs. To better understand this concept, lets consider some examples.

In order to be convicted of a Los Angeles DUI, the court must show that you are guilty of both elements beyond a reasonable doubt. One element that is crucial to a Los Angeles DUI is driving. California Vehicle Code §23152 states as follows:

“It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle” 

Note that it is not one element or the other that has to be proven in a DUI case, but both. You cannot be found guilty of a DUI if you are simply under the influence of an alcoholic beverage. Similarly, you cannot be found guilty of a DUI if you are simply driving. You must be under the influence of an alcoholic beverage and be driving a vehicle.  

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.