Q: My son got a DUI drugs in a remote area late at night. When he pulled over he got stuck on a rock.
He was lost and had no cell reception. He had a vape in his car. He was found in a ditch close to his car much later by police. Can he get a DUI if no one saw him driving and do not know if he smoked the vape before or after he stopped the car. He had no alcohol in his system and was later taken for blood work which is pending.
A:
In many states, a person can be charged with a DUI even if they were not seen driving. The fact that your son was found in a ditch close to his car may be enough for the police to charge him with a DUI. The presence of the vape in the car may also be used as evidence against him. However, the exact laws and circumstances vary by state, so it is important to consult with a local criminal defense attorney who can advise on the specific situation and potential defenses. Your son's blood test results will also be important in determining whether he is charged and what penalties he may face if convicted.
Under California law, it is possible to be charged with a DUI even if no one saw the driver actually driving the vehicle. The law allows for prosecution based on circumstantial evidence, such as evidence of the driver's recent operation of the vehicle, the location and position of the vehicle, and the driver's admission of driving. Additionally, a person can be charged with DUI drugs if they are found to have any amount of drugs in their system that impairs their ability to drive, regardless of when the drugs were ingested. It is important to speak with a qualified DUI defense attorney to fully understand your legal options and potential defenses in this situation.
David A. Simon agrees with this answer
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