If I was legally parked on the side of the road for 2 hours, can I be convicted of DUI, and operating while intoxicated? 2 Answers as of June 05, 2017

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Normally a person can only be arrested for a misdemeanor committed in the officer's presence. With regard to DUIs, however there are numerous exceptions. With regard to being found in a parked car if there is sufficient circumstantial evidence that the person had been driving earlier and he had been driving under the influence at the time he can be prosecuted. Anyone in that situation however should retain a good criminal law specialist to analyze the question of whether the arrest was lawful under the circumstances. If not any blood alcohol test taken from the person is subject to being suppressed.
Answer Applies to: California
Replied: 6/5/2017
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
You can, via circumstantial evidence,both in court and at the DMV. With that said, you need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answer Applies to: California
Replied: 4/27/2017
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