Orange County DUILawyer
DUI Attorneys in Orange County
Sure, everyone knows that it’s illegal to drive when you are
under the influence of drugs or alcohol, but what does it mean to “drive”. So,
for example, Dan drank heavily at home until he became quite impaired—too
impaired to operate a vehicle with the same care and caution customary of a
sober person. Dan then decided to listen to some music on his new car stereo. So
Dan went to his car, which was parked on the street, and sat in the driver’s
seat. Dan put the keys in the ignition and turned his radio on. Is Dan
“driving” under the meaning of the DUI statute? Can Dan be prosecuted for DUI
on these facts?
What if Dan, now sitting in his car listening to the radio,
gets cold and wants to turn on the heater. So Dan now starts the engine of his
car but leaves the car in park. Is he now “driving” within the meaning of the
law? Can Dan NOW be convicted of a DUI
in Orange County
Lets take it one step further. Dan now decides to go get
some food from a local fast food restaurant. So Dan puts his foot on the brake,
puts his seatbelt on, and puts the car in drive. But at that point, Dan falls
asleep. A passing police officer sees Dan and comes to check on him. The cop
finds Dan asleep at the wheel, the car in drive, and Dan’s foot on the brake.
The officer smells alcohol and decides to do a DUI investigation. The officer
puts Dan’s car in park, wakes Dan up, has Dan exit the car and perform field sobriety tests. Dan fails the tests and the officer arrests Dan for DUI. Dan
takes both a blood test and a breath test and is way over the legal limit. Can
Dan be prosecuted for DUI?
You might be surprised to learn that up to this point Dan
cannot be convicted of DUI; providing that Dan’s DUI attorney in Orange County makes the appropriate
motion. You see, “driving”, as the word is used in the DUI statutes--California
To learn more about DUI defense in Orange
County
Law Offices of EJ Stopyro
Orange County DUILawyerDUI Attorneys in Orange County
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