Every DUI will raise different defenses, but there are many common defenses to DUIs and one of the big issues in California when we look at a parked car is the fact that California law requires volitional movement of the car for there to be a DUI. Therefore, a main strategy is to show that the prosecution cannot establish that the person was driving and that they were impaired; they have to prove that the car moved, that the person behind the wheel actually moved the car and that they were impaired when they did.
Often, when the parked car investigation takes place, there are no law enforcement witnesses to establish when the driving took place, so a big defense is that the car was never moved. Another is to say the person was not impaired when the car was moved and, with the science behind it, alcohol levels are constantly changing; they go up and they go down, so it becomes difficult, if not impossible, for the prosecution to prove someone was, in fact, impaired at the time they drove.
This is why it is important to not answer questions about anything, including what you ate and when or how much you drank or where you are coming from or going to, because all of those are designed to box you in to prove that you were actually impaired and driving. Limit any statements to just the barebones minimum if you’re driving the car, like your name, driver’s license, proof of insurance and basic information like that. Just politely let the officer know that you won’t be answering any questions.
Is Probable Cause Easy for Police to Establish in a DUI in a Parked Car Case?
It doesn’t take much for the officers to jump to a DUI investigation; many of them are on DUI task forces for agencies like the California Highway Patrol that put a very high priority on DUI arrests, so every contact they have is a potential DUI investigation. After midnight, they already believe everyone on the road is drunk, so if they smell alcohol or see any signs of intoxication, slurred speech, red watery eyes, anything like that, they will conduct a full-blown DUI investigation and the more time you spend with police, the more evidence they collect and the stronger their case becomes; you want to limit the information police have, to the extent possible.
How Long Might Someone Spend in Jail on a DUI Arrest Before Release?
For a typical DUI in Los Angeles County, a person may be stopped, arrested and detained for about 10-12 hours and then released. Often, there will be a shift change at the jail and one shift will do the booking and the next shift do the release process, which could take a few hours. If someone is stopped and arrested around midnight, they typically will be released around noon the next day.
In What Types of DUI Cases are Plea Deals Typically Offered?
Plea bargains are the way most cases in our system are resolved; there just aren’t enough judges, courtrooms or prosecutors to try every case that’s filed, so most are settled by plea bargain. There are certain mandatory penalties for DUI; first, second, third, fourth have different mandatory minimum and maximum penalties and often, we can get charges reduced or dismissed to avoid those mandatory penalties.
For more information on Defense Strategies For DUI In A Parked Car, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (310) 424-3145 today.
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