Can they charge me of DUI if I was not driving?

The mere fact that they did not see you driving does not preclude you from being charged with DUI. Therefore, you do not have an automatic right to dismissal. But, based on your description of the facts, the prosecution's case sounds pretty weak. The results of the blood test will be a key factor. You should consult with an attorney right away. The public defender can definitely handle this if you qualify for their services. You should make an appointment to discuss your case with them or with a private counsel ASAP.

CAN they charge you? Of course. If they think they can convict you. Evidence that you had been recently driving will be the allegation. You'll learn the actual charge[s] and enhancements filed and get copies of all the police reports, evidence and test results when appearing for arraignment at the first court hearing. Of course you can fight the charges. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney that does, who will try to get a dismissal, diversion program, charge reduction, or other decent outcome through plea bargain, or take it to trial if appropriate. If the BA test shows little alcohol, you have a basis for arguing dismissal. A little free advice: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony. If you don't know how to do these things effectively, then hire an attorney that does.

In order to convict you of DUI, they must prove that you were driving and under the influence. Can they do that based on circumstantial evidence? Possibly. Is it a slam dunk for the prosecution? Not necessarily. You're absolutely going to need an attorney to assist you with this in court. If you can afford to hire an attorney, look for a local criminal defense attorney that routinely practices in the court where your case will be heard. Your attorney can make the court appearances for you. If you cannot afford an attorney, you can request a public defender when you appear in court. One additional thing to consider - if the police confiscated your license when you were arrested and issued a pink temporary license, that is your notice that you only have 10 days to contact the DMV and set up a hearing to save your license. If you don't do anything, your license will automatically be suspended for 4 months, no matter what happens in court. They are two separate proceedings. The public defenders's office cannot and will not assist with the DMV, but an attorney you hire will.

Unfortunately the answer is yes. While driving is an element which must be proven to convict an individual of DUI, Vehicle Code 40300.5 allows for an arrest even if driving has not been observed.

It may get dismissed, but they can charge you. They probably can't convict you with out driving. If the DA files charges you WILL need a DUI defense lawyer to help you fight it.

Yes, they can charge you with DUI. Whether or not charges are filed, however, will depend on what the results of your blood test show. This can take several weeks to over a month. No doubt the court date you were given is many weeks or months away. The more pressing problem may be with the DMV. If the officer took your license and gave you a temporary license, that means your license will be suspended unless you contact the DMV within 10 days and request a hearing. Don't delay on this! Yes, a public defender can help you with your case, if it is filed, but you will not be appointed one until you go to court. There are many things a good criminal defense attorney can do for you now that will help you so you should try to seek one out if you can.

While the officer did not see you actually drive the car, the fact that the car had a flat is at least probable cause (a reasonable suspicion) that you were driving the car. I suspect that the officer asked you if you were driving and you indicated that you were. However, if you only had one glass of wine your blood alcohol level should be well below the legal limit. If you are actually charged and you are unable to hire an attorney then you should request the public defender. He or she can certainly help you out in a case like this.

Yes they can, and they have. It's all a matter of circumstantial evidence. And no, a PD cannot and will not represent you at the equally important DMV Hearing. You better hire a DUI specialist or get convicted of something you didn't do.