Can I Be Arrested Or Convicted Of DUI Even If No Officer Saw Me Driving? (CVC 23152(A)

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…

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