QUESTION
Can one be charged for DUI with circumstantial evidence alone?
Asked on Oct 07th, 2013 on DUI/DWI - California
More details to this question:
My son drove to the bar last night after having a few drinks at home. I believe he was ok to drive at the time. After a half hour at the bar, he decided to walk home, as he was too drunk to drive. The police stopped him on the way home and my son told them he was too drunk to drive and walking home. They knew he had just recently drove to the bar and implied that he was drinking and driving. In the end, they did not arrest him but I am worried that they may come back later after gathering more evidence. Is this possible? Should I be contacting a lawyer on his behalf?
6 ANSWERS
Yes, circumstantial evidence is enough. You need to hire a DUI specialist for him, and do it soon because he has only 10 days to save his license.
Answered on Oct 08th, 2013 at 1:05 PM
James Edward Smith
Of course, circumstantial evidence convicts murderers all the time. In this case it sounds like the cops were just messing with your son.
Answered on Oct 08th, 2013 at 12:37 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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He can be charged because cops and DAs are idiots. He cannot be convicted because DUI defense attorneys are smart and tenacious.
Answered on Oct 08th, 2013 at 11:57 AM
1 Award
It is possible they will still charge him. Tell your son not to answer any more question by the police. If he is arrested, hire a lawyer immediately.
Answered on Oct 08th, 2013 at 11:49 AM
Oklahoma law requires the officer to see a misdemeanor committed to make an arrest. They only way he could be arrested now(only legal way) is an out of custody affidavit based on a witness statement.
Answered on Oct 08th, 2013 at 11:48 AM
Bankruptcy Attorney serving Irvine, CA
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Chambers Law Firm, P.C.
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You should contact an attorney many of us on LawQA provide a free consultation. If they did not see him driving a vehicle, and have no other witnesses that can put him behind the wheel, he has a complete defense to a DUI case.
Answered on Oct 08th, 2013 at 11:16 AM