CAN THE COPS ARREST ME FOR DUI IN RIVERSIDE EVEN IF THEY NEVER SAW ME DRIVING?

There are many different facts and circumstances surrounding DUI arrests in Riverside or throughout California. The typical arrest occurs after an officer observes the person driving, pulls him or her over, does a DUI investigation, and then arrests the individual.  However, there are also many situations where the officer does not actually see the person driving but that officer comes into contact with the person after the fact.  Every case is different, and you should definitely consult with a qualified DUI defense attorney in Riverside and San Bernardino Counties before you appear in court or decide to plead guilty.

There are two types of evidence that a prosecutor can use in your DUI case to try to prove that you were driving; direct evidence and circumstantial evidence.  Examples of direct evidence would be where the cop testifies that he personally saw you driving, or if another person testified that he or she saw you driving.  Examples of circumstantial evidence could include the following facts:

1. You were in the driver’s seat of the car when the officer made contact with you;
2. You were alone in the vehicle on the side of the freeway; AND/OR
3. The engine was still warm when the officer arrived at the scene.

Although nobody actually saw you driving in these examples, the prosecutor could still argue to a jury that it proves you were in fact driving. It is important to understand that you can be convicted of DUI based solely on circumstantial evidence even if nobody actually saw you driving prior to your DUI arrest.

If you or someone you love has been accused of a DUI offense in Riverside or San Bernardino, contact the experienced DUI attorneys at Wallin & Klarich today at 1-888-749-0034 for an evaluation of your case. We’ll be there when you call.