Yes. Even without an officer’s direct observation of driving, an arrest for DUI may be lawful depending on the surrounding facts and circumstances. If there is sufficient circumstantial evidence that you had been operating a motor vehicle, an arrest and conviction may be justified. An example of circumstantial evidence is eye-witness testimony as to your driving.
Further examples of circumstantial evidence include:
(1) Location of the vehicle;
(2) Position of the driver’s seat;
(3) Whether the vehicle was running.
Also, whether a DUI suspect made any admission to driving is critical to a DUI arrest and/or prosecution. If no officer witnessed you driving, you must immediately consult with an experienced DUI defense attorney to discuss your case in detail
There are many factors that determine the outcome of a DUI case. Having a highly skilled Orange County DUI Defense attorney is vital in making sure you get the best possible result in your case. The attorneys at Wallin & Klarich have been helping those charged with DUIs in Orange County win their cases for over 40 years. You can call us at 888-280-6839 or visit our website www.wklawdui.com. We will be there when you call.