Proving that you were in your car but not driving may represent a valid DUI defense in Los Angeles. However, building this defense after an arrest for driving under the influence (DUI) can prove challenging without help from a Los Angeles DUI lawyer.
A defense attorney can explain what counts as “driving” under California law and what evidence you need in court to make this legal defense work. A defense lawyer can also explore other potential defenses to drunk driving charges.
What Counts As Driving in California
If you voluntarily made a vehicle move, the police can decide that you drove the vehicle and charge you under
This definition encompasses many things we don’t think of as driving. Moving a car from one parking spot to another is driving, and so is backing it up the driveway. Other examples of driving include:
Steering for Someone Else
Imagine your sober friend is driving you home. The car is too warm, and they say they need to take off their sweater. They ask you to hold the wheel while they do so. You are now “driving” because you control the movement of the vehicle.
If you swerve and the police pull your friend over, you could face DUI charges.
“Rolling” With the Engine Off (or in Neutral)
You’re getting ready for a house party and already had a few drinks. Suddenly, you remember you need to move your car so guests have space in the driveway. You never even put it in drive—you just let it roll down the driveway to a better position.
An officer observes this and sees you stumble when you get out. They have grounds for a DUI arrest and may request a breath sample to measure your blood alcohol content (BAC).
Barely Moving a Car
You leave a bar, get in your car, and think about driving home. As you start to pull out of the parking spot, you realize you’re intoxicated. You stop, planning to call a friend. That’s when the squad car lights go off behind you. You didn’t move the car more than two feet—but it’s a DUI.
These rules apply to any vehicle. You can even get a DUI on a lawnmower. Fortunately, you can get fast legal representation after any arrest.
How Can You Build a Defense if You Were Not Driving?
A defense attorney can help you build a legal defense after a DUI arrest by arguing that you were not driving. This common defense may involve your lawyer arguing that:
But many situations don’t count as driving. For example, you are not driving if:
- You only sat in the driver’s seat, and the car never moved.
- You started the car but never moved it. Running the engine does not count as driving.
- The movement was not under your control. Theoretically, if you were “sleeping it off” in a parked car and accidentally popped it in gear in your sleep, you weren’t driving. You did not voluntarily cause the vehicle to move.
Regardless of the results of your blood alcohol content test, an experienced attorney can explain all possible defenses and help with all legal proceedings.
So, if you were in your car but you weren’t driving, it may be a valid DUI defense in Los Angeles.
How Does a Lawyer Use a “No Driving” Defense?
The key to a “no driving” defense in a California DUI case is to create reasonable doubt. If the jury isn’t sure you were driving, they should acquit you. The prosecution carries the burden of proof, and your lawyer can counter the arguments they make, which could involve:
An Admission of Guilt
If you admit to the police that you are driving, even if you are confused when you say it, it’s tough to take it back. However, a good DUI lawyer may be able to block this evidence if the police violated your rights.
A Statement by a Police Officer
Police statements aren’t really proof because they depend on the officer’s honesty and memory. However, the court generally regards police officers as respectable.
If the officer says you were driving, your DUI attorney will look for inconsistencies in their statement—when did they arrive at the scene? When did they first see you at the wheel? Have they forgotten or misconstrued other facts in their report?
Arguing That No One Else Was Around to Drive
Sometimes, the prosecution has no direct evidence that you were driving. The prosecution will still try to convict you, and they may ask: who else could have driven the car?
If the police found you in your car at an accident scene, and no one else was in the car, the court will assume you drove it, even if you say otherwise. A criminal defense lawyer can counter this claim with effective defenses.
If you were in your car but you weren’t driving, you may wonder, “Is this a valid DUI defense in Los Angeles?” You may have a valid defense in this situation. A lawyer can assess your situation and tell you more.
A Lawyer Can Review Viable Defenses
Making a No Driving defense work in a DUI case is hard without legal experience. You need an attorney who understands what evidence the prosecution will use and how they’ll respond to your defense in court.
A DUI attorney may be able to get you acquitted if you weren’t driving or even get the charge dropped without a trial. But if you have no lawyer and you say you weren’t driving, you are easy pickings for the prosecution.
In this situation, you could end up convicted and facing jail time, fines, and the loss of your driving privileges. Fortunately, you can get fast help handling these legal issues.
Get Help Building a Defense if You Were in Your Car but Not Driving
Let’s say you were in your car but not driving when the police accused you of a DUI. Is this a valid DUI defense in Los Angeles? Sometimes, a drunk driving lawyer can successfully use a no-driving defense to help.
You deserve a solid defense. Let us match you with an experienced Los Angeles DUI attorney. Your attorney will give you a 100% FREE case evaluation and advise you of how your case will likely play out. Simply complete our online contact form and get your free evaluation today.
