Can you be charged with a dui if not driving


Asked by admin @ in General viewed by 303 People


Can you be arrested for dui if the officer didn't see you driving?

Answered by admin @


Yes. In CA at least, DUI is one of the exceptions to the misdemeanor committed in the presence rule. In other words, the officer can arrest you for DUI even if he didn’t directly witness your driving, but can surmise from witnesses or the circumstances that you were likely driving under the influence.
For example, an officer gets a call of a traffic collision that just occurred. He arrives seconds later to find a man, drunk, behind the wheel of a car. He is the sole occupant, and the airbag deployed, spraying white chalky dust all over his face. His seatbelt is still on, and it has expanded due to restraining the weight of the driver during impact. The officer is free to assume that the person behind the wheel is the person who was driving just before he arrived, and can arrest the person for DUI even though the officer didn’t actually see him driving.

Similar Questions

Overcoming fixed mindset: a step-by-step guide to cultivating a growth mindset

Asked by wiki @ in Health viewed by 1081 persons

Which of the following would best complete this list?

Asked by wiki @ in Social Studies viewed by 617 persons

What had the king decided to do before he saw the spider

Asked by vanshika149 @ in English viewed by 960 persons

Describe the karez in your own words

Asked by rajesh064 @ in English viewed by 1087 persons

What is 8 + (x + 5)?

Asked by jaylord7 @ in Mathematics viewed by 936 persons

What is the topic of the info grapher

Asked by jesus643 @ in History viewed by 1179 persons

Elephant kills 11 in nepal , woman rescued from a friendly dolphine

Asked by kavin044 @ in English viewed by 1093 persons

(-3,0);slope =2/3

Asked by timothy2 @ in Biology viewed by 1236 persons

Which is an example of situational irony in "wherefore art thou romeo?”

Asked by noah5213 @ in English viewed by 1334 persons

Most viewed questions in General


A day in the life of a debt collector summary

Asked by admin @ in General viewed by 471 persons


C++ program to perform arithmetic operations using objects and classes

Asked by admin @ in General viewed by 400 persons


Business email how to make it professional and effective pdf

Asked by admin @ in General viewed by 387 persons



Can you have normal thyroid levels and still have hypothyroidism

Asked by admin @ in General viewed by 376 persons


How long does it take a dog to digest food

Asked by admin @ in General viewed by 376 persons


Iran's shah was a big ally of the united states

Asked by admin @ in General viewed by 367 persons



Do you need a license to be a private detective

Asked by admin @ in General viewed by 363 persons


9 tips on how to stop your hands from shaking

Asked by admin @ in General viewed by 360 persons


According to the nebular theory what are asteroids and comets

Asked by admin @ in General viewed by 359 persons



Appreciation mail to team member for successful completion of project

Asked by admin @ in General viewed by 358 persons


Does a walk in tub add value to a house

Asked by admin @ in General viewed by 354 persons


Can ringing in the ears be a sign of cancer

Asked by admin @ in General viewed by 353 persons



How long does it take for hiv to show up

Asked by admin @ in General viewed by 348 persons


Can i be on my period and still get pregnant

Asked by admin @ in General viewed by 346 persons


How long does it take to do defensive driving online

Asked by admin @ in General viewed by 341 persons