Q: Can I contest a DUI charge if not driving and parked on private property in CA?
I was charged with a DUI, but I believe I should have been charged with public intoxication instead. My car was parked on private property at my father-in-law's welding shop in Wasco, CA. I wasn't in the car, didn't have the keys, and was standing by the car talking to a friend. I was within walking distance to my house, and the police never saw me driving. The car wasn't towed either. I was drunk but not driving. Can I contest the DUI charge based on these circumstances?
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- California
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- Answered
A:
Based on the circumstances you've described, you potentially have several grounds to contest your DUI charge under California law. Vehicle Code Section 23152 requires proof that you were driving a vehicle while under the influence, and the prosecution must establish all elements of this offense beyond a reasonable doubt. The fact that you were not in the vehicle, did not possess the keys, and were not observed driving by law enforcement creates significant challenges for the prosecution's case.
California courts have established that merely being near a vehicle while intoxicated does not constitute a DUI offense. Your presence on private property (your father-in-law's welding shop) rather than public roads further complicates the prosecution's burden of proof. The decision not to tow your vehicle suggests law enforcement may have recognized these evidentiary issues at the scene, which could strengthen your defense position.
We recommend promptly consulting with a California criminal defense attorney who handles DUI cases to review your specific situation in detail. The attorney can examine the police reports, any field sobriety or chemical test results, and witness statements to build your defense strategy. Time is critical in DUI cases as there are strict deadlines for both DMV administrative hearings and court proceedings, so seeking legal counsel without delay will help preserve your rights and explore all available options to contest these charges.
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