In a Southern California, before a person can be convicted of a DUI, several elements must be proven. There must be probable cause for the person to have been stopped by officers, there must also be proof that the person was driving and there must be a significant blood alcohol level.

Proving driving in a DUI case is a significant part of the case. If the government cannot prove that a person was actually driving while under the influence of alcohol or drugs, it is not a DUI case. Each case has it’s own specific facts that may be presented in different ways to prove driving. In some cases it is straightforward and there is little negotiation. However, in many cases it is not so clear cut.

Directly Observed Driving

The most direct form of proving driving, is that the officer observed first hand that the person charged was driving. These are cases in which the officer pulls over someone who is driving for valid probable cause, and then observes a possible DUI. In a case like that, there is no question that the person was driving, since the officer witnessed it first hand and will list it in his or her report.

Driving Derived by the Facts

The more complicated cases are when a person is found with the car pulled over, or parked somewhere. Then the prosecution must use the facts and circumstances of the case to make a case against the person charged. Relevant facts would be where the person charged was in relation to the vehicle, where the keys were, the temperature of the engine, and the location of the vehicle to name a few. For example, if a person is found alone behind the steering wheel with the keys in the ignition on the side of the highway, there is room to argue that the person must have driven to that place at some point before pulling over and falling asleep. In comparison, a case where the person is asleep in the backseat of their car and the car is parked in the parking lot of a bar, there is room to argue that the person never actually drove anywhere, just came out of the bar and fell asleep in their car.