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When are you "driving" in California for a DUI?

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Anders Johnson
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In order to obtain a conviction for DUI in California, you must have sufficient control over your vehicle, i.e., driving.  You do not have to be driving a vehicle at the time you are confronted by law enforcement. 

One possibility for "sufficient control" is being seated in the driver's side with the engine running.  You could also be charged if the engine is running, and you are seated in the passenger side.  If you are in a vehicle on the side of the road, and unconscious, you coud be charged with DUI.

An informant could have contacted the law enforcement and notified them of a possible DUI.  You could have just parked in your driveway, and exited your vehicle when you are stopped by law enforcement. 

The possibilities are endless, however there must still be evidence showing that you were driving.  Sometimes this is simply a normal stop on the road.  Other times, a prosecutor needs to be more inventive.  A good DUI attorney will make sure that the prosecutor meet their burden with corroborating evidence.

Category: DUI and DWI Laws For California

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