Can I be successfully prosecuted for a DUI (CVC23152a) if when the cops arrived on the scene I was out of my car and the engine was not running?

The answer is it is possible that you could be found guilty of a DUI under these circumstances depending upon many other factors.

If for example, the police have the following evidence:

l. They find your car on the side of the road 30 miles from the nearest town.

2. You are the only person near the vehicle.

3. You have a strong odor of alcohol on your breath

4. You blow into a machine and your blood alcohol reading is above the legal limit

You could be found guilty of a DUI even if the police officer did not see any driving. The DA could ask the jurors to find you guilty based upon circumstantial evidence. Unless you can explain who was driving your vehicle that ended up in the location described above, you could be found guilty.

Remember that every case rests on its own facts.