CanI get aDUI in my driveway without getting pulled over?

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CanI get aDUI in my driveway without getting pulled over?

Asked on February 19, 2012 under Criminal Law, Ohio

Answers:

Aaron Fontana / Law Office of Aaron M. Fontana

Answered 9 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!  


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