18 years old not in the car arrrsted for dui. Is that possible?

My son was home, in our house when the
sheriff arrived and called him outside. They
then arrested him for dui never seeing him
behind the wheel.

Asked on May 19, 2017 under Criminal Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If there is credible evidence that he had been DUI--for example, someone reported him weaving or driving the wrong way, for example; someone reported drinking with him or seeing him drinking then getting behind the wheel; etc.--then he could be arrested at home and even if the sheriff's officers did not themselves see him behind the wheel. There is no requirement that officers see the crime/offense themselves; people are often arrested for criminal acts   not committed in the presence of police.

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