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CA DUI Conviction Where Blood Alcohol Content is Below the Legal Limit

By Walin & Klarich

To obtain a conviction under California Vehicle Code 23152(a), the prosecution must prove that: (1) defendant drove a vehicle; (2) while under the influence of any alcoholic beverage or drug, or the combined influence of any alcoholic beverage and drug. First of all, "driving" under California DUI law is not as straightforward as it may appear. "Driving" requires only ?volitional movement of a vehicle," no matter how slight. Where there is no direct eyewitness evidence to driving, driving may be established by circumstantial evidence (Mercer v. DMV 1991 53 C3d at 769). Meaning, even if the officer initiating police contact did not see defendant drive a vehicle, the prosecution can meets its burden by presenting a collection of facts that, when considered together, can be used to infer a conclusion about whether defendant drove a vehicle...continue to full post

Full post as published by Southern California Criminal Defense Blog on May 25, 2009 (boomark / email).