Not Driving Just Drunk Defense

Not “Driving” just “Drunk” Defense

A California District Attorney has to prove that an individual suspected of “Driving While Intoxicated” was actually driving a vehicle while under the influence of alcohol or drugs. In some cases, the arresting officer did not witness the suspect actually driving the vehicle. The D.A. must prove beyond any reasonable doubt that the accused was driving. If the officer didn’t witness the suspect of driving, reasonable doubt may be established.If a reasonable doubt can be established that the accused may not have been driving while “under the influence”, then a not-guilty verdict will be the outcome.

It doesn’t matter that the court can prove that a person was under the influence of drugs or alcohol. The accused may have blown over .08. The person may have failed a blood test. The officer may have performed a field sobriety test perfectly and the accused failed miserably. But the State has to also prove that the defendant was driving. Without that, there is no DUI conviction.

Be careful what you say, it can and will be used against you

A person arrested for DUI can hurt their own defense by talking too much. Don’t forget that the Fifth Amendment to the Constitution gives you the right to keep your mouth shut. When it comes to police, the less you say, the better. Sometimes, the officer did not see a person in the vehicle. All too often, the person starts talking. They are trying to talk their way out of an arrest. This is a bad idea. They talk themselves right into a DUI conviction. Don’t admit you have been driving. Don’t admit you have been drinking. Let the officer do the talking. Be polite and don’t get aggressive with the officer. Don’t give the officer any reason at all to arrest you. Any statements that you make may help the D.A. prove their case against you. Often times, a person’s best defense, is to say nothing (or as little as possible) and tell the officer that you would like to have an attorney present. Asking for an attorney is not admitting guilt. Quite the opposite. It might just save you from a DUI Conviction.

At the Law Office of Mike Coffey Attorney at Law , we defend DUI charges and other criminal matters exclusivelyin Orange County. We don’t handle other kinds of cases, and we don’t practice in any other courts. Our entire law firm is dedicated to defending individuals who have been accused of a DUI or other criminal charges right here in Orange County. If you or a loved one has been arrested on a DUI charge in Orange County, rest assured that the prosecution team is working hard to gather evidence to convict you. Call us to schedule a free in person consultation. Bring the evidence against you to the meeting and be ready to ask questions. Let us formulate the best possible defense for your case. Call us today for your free initial consultation (800) 706-7888.