CALIFORNIA CRIMINAL LAWYERS

Los Angeles DUI And The "No Driving" Defense

The Devastating Consequences of a DUI Charge

A DUI conviction can leave a permanent scar on your driver’s license and criminal record. If you’re a first-time DUI offender, you’ll likely face stringent penalties that aim to discourage future drunk and drug-related driving offenses. Statistics reveal that thousands of individuals get charged and convicted of DUI every year. So if you’ve been stopped or arrested for suspected DUI, it’s crucial to seek the services of a trustworthy Los Angeles DUI attorney to bolster your defense.

When charged with multiple DUI offenses within ten years, your driving record could attract more severe punishments, including possible imprisonment. Usually, law enforcement officers will ask you to undertake a series of tests, which may include eye examination, Rhomberg test, One Lest test, and/or field sobriety test. Refusing to take a sobriety test leads to an immediate suspension of your license, and you could end up in jail. Therefore, you only have ten days from the arrest date to request an administrative hearing to contest your license suspension.

However, failure to act promptly could waive your rights to dispute a DUI suspension with the Department of Motor Vehicles (DMV). Additionally, contesting your driver’s license suspension is time-sensitive and demands your immediate response. A reputable legal professional can help you secure your license, especially if you have been convicted of a DUI offense.

Understanding the “No Driving” Defense

The “no driving” defense is a popular legal tactic used in states nationwide, mainly in California. It means that if you weren’t driving, you shouldn’t be charged with a DUI offense. If you are sitting in a car, drunk or intoxicated, the burden of proof rests with the officer to demonstrate that you were driving that particular car while intoxicated or in connection with a DUI-related collision. Simply contesting that you were above the legal Blood Alcohol Concentration (BAC) level is insufficient when you are sitting in a parked car while drunk.

Notably, the no driving defense is often used when you’re intoxicated while in a parked car and haven’t driven, you were arrested for standing near an intoxicated car involved in an accident, or someone reported you driving erratically at night, and law enforcement found you intoxicated when they arrived at your residence. Many individuals often wonder whether a police officer has the discretion to determine if they were driving a car. A California-based legal professional can help you with your no driving defense, as most law enforcement officers can only infer that you were driving but not under certain circumstances.

Unfortunately, the law allows police officers to make an educated guess in such scenarios. However, if law enforcement received a call on a suspect hitting a traffic pole and found you drunk sitting in the driver’s seat, the officer could reasonably assume that you were the driver. It means they can arrest you based on the assumption, but this doesn’t necessarily mean that they’re right. You should never admit to driving and always exercise your right to remain silent. In such a case, you would need a professional legal expert who can fight for your no driving defense.

Hire a California Defense Lawyer to Boost Your DUI Defense

DUI cases can be quite complicated, especially for first-time offenders who are unfamiliar with the legal process. The only way to increase your chances of success is by hiring an experienced California defense lawyer. A competent DUI attorney has the expertise, technical know-how, and experience dealing with courts, laws, law enforcement, and multiple DUI arrests.

It’s risky to gamble with your future by fighting a DUI charge on your own, as the consequences can be dire, ranging from license suspension, points on your driving record, high insurance premiums, and possible prison time. Therefore, schedule a free consultation with a California DUI attorney to discuss the details of your DUI legal defense today.