In order for the government to establish a DUI case against you they must meet all elements of a California DUI case.sOne of these is that the government must prove that you were driving while you had a Blood Alcohol Level (BAC) significant enough to warrant arrest.sThere are many different ways the prosecutor can prove driving, some situations more complicated and more difficult to prove than others.
The first, and the easiest is if you are driving and are pulled over. There are several situations in which directly caught driving will warrant for you to be pulled over and questioned in regards to a DUI.sThe arresting officer may pull you over for any vehicle code violation whether it is related to alcohol impairment or not. This will provide sufficient probable cause for the arresting officer to investigate for a DUI. When you are pulled over while driving and consequently investigated and arrested for a DUI, the prosecution will have no problem proving that your were driving while intoxicated.
When it isn’t directly observed driving, it opens the door for more complicated arguments and perhaps a weaker case.sWhen this is the situation, the prosecutor has to build the case circumstantially. They will have to create their case based on the surrounding facts, looking at any witnesses and statements made by the driver.sIf there are people who saw you driving and are willing to attest to that fact, the case becomes stronger for the prosecution. If you are found sleeping in the car at the side of the road, with the keys in the ignition and the radio on, the facts point to a strong presumption that you were driving. In contrast, if you are parked insa parking lot, sleeping in the back seat with the keys in your pocket, the government will find it more difficult to prove that you were driving and will have a weaker case.
There are innumerable situations,swhich create a diverse amount of arguments that can be made by both sides. An experienced attorney will know exactly how to present the facts so as to create the strongest possible case for you.sGet the help you need to make sure the prosecutor will not present the facts in an unfavorable light to you, and get an attorney that will confidently weaken the government’s case and present the facts to strengthen the defense.