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Nicholas W.

William R.

Criminal Defense Experience - 40+ Years

Can I be arrested for DUI after I am out of the car?

You can be arrested for DUI even after you are parked and out of the car.  It still has to be proven that you drove, however, that can be done in several ways.  The officers could have seen you drive, there may be a citizen call identifying the car and/or driver, there may be circumstantial evidence that you drove. The other way to prove driving is by you admitting driving or anyone with you saying you drove.  Additionally it has to be shown that you did not drink after driving so that any blood alcohol level can be extrapolated back to time of driving.

     They can also show it if circumstantially by the fact the engine is warm, the keys are in your pocket, the seat adjustment,…and other circumstances that show you drove to the location and did not drink after arriving.  The officers can contact you to investigate if there is a citizen call or other information justifying further investigation.  The stronger the “driving issue” the better then disposition that can be negotiated, and the better chance you have at trial if it goes. 

   Most cases are negotiated out or plea bargained – you weigh the risks of what how we can resolve the case  without trial versus your chances of success and risks from trial…..very few cases actually go to trial…you decide whether to go to trial or if the settlement we are able to negotiate  is appropriate after reviewing the evidence and options.  It is important to set the DMV Hearing to try to save your license by calling within 10 days of your arrest if they took your license or gave you a Pink 30 day temp.  We get reports from the DMV prior to the hearing and from the DA after the 1st Court date.  Call Christoph Law Office for a free consultatipn at 760-941-5720.  Located across from Vista Courts, we have been providing the highest level of DUI Defense represntation for over 30 years
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Member: San Diego Bar Association, North County Bar Association, American Bar Association, California Attorneys for Criminal Justice
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