Vista DUI cases, as well as DUI cases throughout California, do require driving but may not require the driving actually being observed. There does have to be evidence beyond a reasonable doubt that the person charged with a driving under the influence or driving with .08 B.A. level or more actually drove while impaired or over .08 B.A.
The most common arrest involves the officer pulling someone over for a moving or equipment violation, then smelling the odor of alcohol or noticing objective symptoms of intoxication which reults in the arrest. There are other circumstances where the officer may not have actually observed driving but still results in a DUI arrest. Accident cases where the officer responds to the scene and arrests the driver based on the circumstances of being involved in the accident.
Additionally, many times drivers pull over on the shoulder of a highway to sleep or because they feel intoxicated or have a problem with their vehicle. Officers make welfare checks on any vehicle on the shoulder to check on the well being of the driver and try to render assistance. If it appears the driver is impaired, the DUI arrest will follow. At trial, it has to be shown that the person was under the influence or .08 B.A. or more at time of driving. Evidense the person drank or took drugs after the accident or pulling over on the shoulder makes it difficult to convict the driver. There are other circumstances and issues concerning driving which can be discussed by calling Attorneys Nicholas and William Christoph @ 760-941-5720 for a free consultation. With over 30 years experience and having handled 3000+ DUI cases, they can answere you questions and help you get the best resolution in your case.
