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No One Saw Me Driving! How Can I Have a DUI?

In the State of California, the law does not require a police officer to actually see you driving a vehicle in order to arrest you for DUI. He or she simply has to believe that you were driving or intending to drive based on circumstantial evidence. Were you behind the wheel of a car? Were the keys in the ignition? Was your car pulled over on the side of a road? Many drivers have been arrested for DUI after choosing to pull their cars over in a parking lot or on the side of the road to sleep off the effects of the alcohol.

Yet, it is difficult for an officer to know when you were driving and what your BAC was at the time you were driving. BAC levels can climb as time goes on. Therefore, it is possible that when you were driving, your BAC was only 0.07% and that after an hour of being pulled over, your BAC rose over the legal limit. Your attorney may certainly discuss the merits of this defense, especially if your BAC was on the threshold at the time of your arrest.

It is important to know, however, that not actively driving at the time of the arrest could work in your favor when your attorney defends you. Your attorney may be able to use this evidence to have your charges reduced to a wet reckless or even dismissed all together – especially if this was your first offense. Building a solid defense is absolutely the key to getting these charges reduced.

If you are charged with DUI in Oakland or anywhere in California, it is important to speak to an experienced Oakland DUI defense attorney immediately. Your attorney will need to review all of the evidence surrounding your arrest, including field sobriety tests and BAC results, to determine the best way to defend against these serious charges.

Contact Oakland DUI Defense Attorney

If you or someone you love has been arrested for drunk driving or DUID in Oakland, time is of the essence. Call the Oakland DUI Defense lawyers at the Law Offices of Nabiel C. Ahmed today to begin building a solid defense against these serious charges. You can stay out of jail and even get your license back with the right defense. Call today at (510) 907-6600 or fill out our confidential contact form for more information.


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