August 30, 2012 By Paul Wallin

The best answer to this question is that it depends.  To be convicted of a DUI in California the prosecutor does not have to prove that the officer actually saw you driving.  The prosecution can also potentially call other witnesses to the stand to testify that they saw you driving.  The prosecution can also rely solely on circumstantial evidence that you were driving.  Common cases are where the officer makes contact with the person on the side of the freeway and they are alone in the car, sitting in the driver’s seat, and the engine is still warm.  Every case is different and anyone facing DUI charges in California should immediately consult an aggressive and experienced DUI Defense Firm to evaluate their case.

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