CanI get aDUI in my driveway without getting pulled over?

UPDATED: Feb 19, 2012

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CanI get aDUI in my driveway without getting pulled over?

Asked on February 19, 2012 under Criminal Law, Ohio


Aaron Fontana / Law Office of Aaron M. Fontana

Answered 10 years ago | Contributor

In California and probably in your lovely state, unfortunately yes. That is, the police can use circumstantial evidence to establish that prior to their arrival, you drove from somewhere else (the bar, perhaps? Or a party?) to your driveway; and that you did so while under the influence of alcohol or drugs or both.

It will be your job to disprove this at court. For example, maybe you can show that you had only been drinking beers at home and when the police came, you were just sitting in your car, listening to the radio, with no intent to drive.  

In any case, if you have been charged, I suggest you speak to an attorney. Meantime, good luck and may the (legal) force be with you!  

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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