Best Criminal Defense Lawyers in San Marcos, CA

I’d like to talk to you a little bit about what’s known as the driving defense. The driving defense is a common defense that you typically see in DUI cases when the government has a difficult time proving that you were in fact the driver of the vehicle at the time that you were arrested for a DUI. So what does that mean? Under California Law, the government has to prove: That you were the driver of the vehicle. That your blood alcohol level was 0.08% or greater at the time of driving. Your mental and or physical abilities were impaired and that you’re not driving as a reasonably sober person would. So as you can see in either of those laws, the government has to prove that you were actually driving the vehicle. So the driving defense works essentially when the government shows up. Meaning the police officer shows up and you’re already out of the vehicle and let’s say that they don’t have any evidence that you were actually driving when they first apprehend you.