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Southern California Driving Under the Influence – Proving Driving

Before a person can be convicted of DUI in California, several elements must be proven. There must be probable cause for the person to have been stopped by officers. Also, there must be proof that the person was actually driving the vehicle, and finally there must be a significant blood alcohol level to indicate intoxication.

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 does not qualify as a DUI case. Each case has specific facts that may be presented in different ways to prove driving occurred. In some cases, the question of driving is cut and dry and there is little negotiation. However, in many cases proof that a person was driving is not so clear-cut.

Directly Observed Driving During a DUI Stop

If the officer observes, first-hand, that someone is driving, that is the most direct form of proof. An example would be a case in which the officer pulls over someone who is driving with a valid probable cause, and then observes behavior that indicates a possible DUI. In a case like that, there is no question that the person was driving, since the officer witnessed it and will list that fact in his or her report.

DUI Driving Derived by the Facts

The more complicated cases occur when a person is found inside the car and pulled off to the side of the road or parked somewhere. In those types of cases, the prosecution must use the facts and circumstances to make a case that the person charged with Dui was actually driving at some point. Relevant facts in this type of case would be where the person was in relation to the vehicle, where the vehicle’s keys were located, the temperature of the vehicle’s engine, and the location of the vehicle.

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.

The experienced DUI attorneys at Hoffman & Associates understand how important the facts of proving driving in a DUI can be to your case. We have successfully defended thousands of clients against DUI charges and can put our expertise to work for you. Contact us today for a phone or office consultation where we can learn the facts surrounding your DUI case and explain what options you have.

Client Reviews
★★★★★
I can't begin to thank Mr. Hoffman enough for his extensive efforts throughout the entire case. He went absolutely above and beyond throughout the entire process. From day one he was immediately actively pursuing ways to prevent my case from ever going to court and once that was no longer an option, actively began working on getting the case ultimately dismissed. His communication was consistent and reassuring, despite my frantic worries all the time...
★★★★★
My family and I simply owe our life and future to Ron Hoffman. If you are looking for a lawyer that goes above and beyond the call of duty you can't find a better lawyer than Ron. He took my case head on from the moment I called his office. I was involved in an accidental hit and run where I was unaware of the injury. Every step of the way, Ron guided me through an almost two year long investigation and court settlement process and was constantly by my side through out every crossroad... Bill Martin
★★★★★
Ron Hoffman and his staff were Fantastic when dealing with such a serious issue of DUI. When I first Called Ron I was very nervous and worried for my daughter and her freedom. She had a failure to appear on top of her DUI and I knew just how bad this could be. Ron was able to immediately put me at ease and gave me the confidence that there was hope and a light at the end of the tunnel. Ron was able to get the failure to appear dismissed and also no jail time for my daughter... Claude Brown
★★★★★
I have been working with Mr. Hoffman for over 11 years. I have seen first hand his genuine dedication to his clients, and how his experience, knowledge and passion have gotten clients fantastic results. He treats each of his clients as his only client, and takes the time to develop detailed strategies and defenses for each individual case. I have never hesitated to refer Mr. Hoffman to anyone who has asked me for a good Criminal Defense attorney. He is a fantastic attorney!... Neeta P.
★★★★★
I had a DUI issue recently. I have never had a problem with the law as serious as this one. I did panic a bit after and knew I had to get a lawyer to help my future. I researched the Web and read the reviews for awesome DUI Lawyers. Hiring a lawyer can be intimidating. Ron's 30 years experience and step by step guidance helped me with my case. Jonie was amazing with keeping me calm. Ron Hoffman is a great lawyer and I would refer any friends or family to him... Manuel Gomez
★★★★★
Ron was so accommodating and professional. With a Firm like his you wouldn't expect him to be as accessible, but he immediately returned phone calls, was easy to communicate with and was very sympathetic to my situation. He went above and beyond and was able to get a better result than I'd hoped or expected. I highly recommend Ron Hoffman and his firm. He made a difficult and anxiety fueled process bearable and made me feel safe. He is a lovely man. One does not wish to need a criminal attorney, but if you do need one, Ron's the guy to call... Teri A.
★★★★★
Ron and his team were the perfect pairing for what I needed taken care of. Every step of the way he was extremely helpful and informative (not his first rodeo). His work ethic and attitude were exemplary and it showed with the results of using his services. I would recommend anyone I know to give Ron a call if they need help in his realm of expertise. Many thanks Ron and associates!... Donald N.
★★★★★
I didn't hire a lawyer for my first DUI... What a mistake! Ronald goes above and beyond with his art and knowledge of custom strategy according to your case. lawyer of the year (every year)... Adam R.
★★★★★
I hate lawyers. They are hard to get a hold of, greedy and unreliable. Ron is the opposite of all these things. He deserves 6 stars, and I very much recommend him. He helped me through my case with nothing but kindness, understanding, and knowledge and eventually got it dropped. Thanks for everything Ron!... Avi Z.