California DUI Defense: What to Do If You Hit a Curb

Understanding DUI Laws in California

California has strict laws regarding driving under the influence (DUI). To understand these laws, know some key terms and legal precedents.

California Vehicle Code

The California Vehicle Code is the set of laws that govern vehicles and driving in the state. Specifically, Vehicle Code Section 23152(a) and 23152(b) are critical for DUI cases. These sections state that:

• 23152(a): It’s illegal to drive under the influence of alcohol or drugs.
• 23152(b): It’s illegal to drive with a Blood Alcohol Content (BAC) of 0.08% or higher.

DUI Definition

To prove someone is guilty of a DUI, the prosecution must show two things:

1. The person drove a vehicle.
2. The person was under the influence of alcohol or drugs while driving.

But what does “driving” mean? This brings us to the concept of volitional movement.

Volitional Movement

Volitional movement means any intentional movement of the vehicle, no matter how slight. For example, even if you just put your car in neutral and it rolls a few inches, that can count as driving under the influence.

Mercer v. Department of Motor Vehicles

A landmark case that helps clarify what counts as “driving” in DUI cases is Mercer v. Department of Motor Vehicles. In this case, the California Supreme Court emphasized that there must be evidence of volitional movement to charge someone with a DUI.

In the Mercer case, the court ruled that a person legally parked and not observed moving the vehicle could not be charged with a DUI. The arresting officer had not seen the car move, so there was no volitional movement.

However, there are exceptions. If you are found near an accident scene or if witnesses saw you driving erratically before you were stopped, you could still face DUI charges.

Real-World Examples

A good example comes from a recent case where Marshawn Lynch, a former NFL player, was involved in a DUI incident. Lynch was found in his car with a missing tire and showed signs of intoxication. He argued that the car was not in operation, but the police observed enough evidence to suggest he had driven the vehicle, leading to his arrest.

In conclusion, understanding the nuances of DUI laws in California can be complex. However, knowing the importance of volitional movement and legal precedents like the Mercer case can help you navigate these challenges.

Next, we’ll discuss the immediate steps you should take if you hit a curb while under the influence.

Can You Get a DUI in a Parked Car?

Yes, you can get a DUI in a parked car in California, but it’s not as straightforward as getting one while driving. The key factor here is volitional movement.

Volitional Movement

California law defines “driving” as exercising actual physical control over a vehicle and causing it to move, even slightly. This means that even if your car is parked, if there’s evidence that you moved it while intoxicated, you could face a DUI charge.

Legal Precedents

One important case that helps clarify this is the Mercer v. Department of Motor Vehicles. In this case, the Supreme Court of California stated that the term “drive” requires evidence of volitional movement. Simply being in a parked car, even if you are intoxicated, is not enough for a DUI conviction unless there’s proof that you moved the car.

Example

Imagine you’re found slumped over in your parked car with the engine off. According to the Mercer case, for you to be convicted of a DUI, the prosecution must prove that you intentionally caused the car to move.

Exceptions

However, there are exceptions. If witnesses saw you driving erratically before you parked, or if your car is found in a position suggesting recent movement (like protruding into the street), you could still be charged.

Probable Cause

The concept of probable cause is also crucial. According to the Alameda County District Attorney’s Office, probable cause exists when there’s a “fair probability or substantial chance that the suspect committed the crime.” This means that if an officer has reasonable grounds to believe you moved the car while intoxicated, you could be arrested.

Practical Tips

To avoid a DUI in a parked car:

1. Don’t move the car: Even a slight movement can be enough to establish volitional movement.
2. Avoid the driver’s seat: Sitting in the backseat can help show you had no intention to drive.
3. Dispose of open containers: Open alcohol containers can add to the suspicion.

If you find yourself in this situation, it’s crucial to contact a skilled DUI lawyer. They can help argue that there was no volitional movement and use legal precedents like the Mercer case to defend you.

Next, we’ll discuss the immediate steps you should take if you hit a curb while under the influence.

What to Do If You Hit a Curb While Under the Influence

Hitting a curb while under the influence can be a scary experience, but knowing what to do next is crucial. Here’s a step-by-step guide to help you navigate this challenging situation.

Immediate Steps

1. Stay Calm and Assess the Situation: Check yourself and any passengers for injuries. Ensure everyone is safe and call 911 if medical assistance is needed.

2. Move to a Safe Location: If your car is drivable and it’s safe to do so, move it to the side of the road to avoid obstructing traffic.

3. Turn Off the Engine: This can help show that you had no intention of driving further while intoxicated.

Legal Advice

After ensuring everyone’s safety, your next step should be to seek legal advice. Contact a DUI lawyer immediately. They can guide you on what to say and do next to protect your rights.

Quote: “Anyone who has been arrested for driving under the influence should seek immediate assistance from an experienced Orange County driving under the influence lawyer,” advises a legal expert from Inland Empire Criminal Defense.

Evidence Collection

Gathering evidence can be crucial for your defense. Here’s what you should do:

1. Document the Scene: Take photos of the accident scene, your vehicle, and any damages. This can help establish what happened.

2. Collect Witness Statements: If there are any witnesses, ask for their contact information and a brief statement of what they saw.

3. Note Your Condition: If possible, write down your recollection of events, including how much you had to drink and any other relevant details.

Witness Statements

Witnesses can be vital to your defense. Their statements can provide an unbiased account of what happened. Make sure to:

• Get Contact Information: Collect phone numbers and email addresses of any witnesses.
• Ask for a Statement: Politely ask them to describe what they saw. This can be crucial in proving there was no volitional movement if you were not driving.

Contact a Skilled DUI Lawyer

It’s essential to get in touch with a DUI lawyer as soon as possible. They can help you navigate the complexities of DUI laws and build a strong defense. The sooner you contact a lawyer, the better your chances of minimizing the impact of the incident.

In the next section, we’ll explore the potential penalties you might face if convicted of a DUI in California.

Potential Penalties for DUI in California

Facing a DUI charge in California can be daunting. The penalties are severe and can have long-lasting impacts on your life. Here’s what you need to know about the potential consequences.

Fines

If convicted of a DUI, you can expect to pay hefty fines. For a first-time offense, fines can range from $390 to $1,000. However, additional penalty assessments and fees can increase the total amount to several thousand dollars.

Jail Time

Jail time is a common penalty for DUI convictions. For a first offense, you could face up to six months in jail. Repeat offenders or those involved in accidents can face much longer sentences. For instance, a felony DUI can result in up to three years in state prison.

Probation

Probation is often imposed in DUI cases. This usually lasts between three to five years and comes with various conditions:

• Regular check-ins with a probation officer
• Mandatory attendance at DUI education programs
• Abstaining from alcohol and drugs

Violating probation terms can lead to additional penalties, including jail time.

Community Service

Courts often require DUI offenders to complete community service. The amount can vary but typically involves several hours of service. This is meant to be a form of restitution to the community.

Injury-Related Penalties

If your DUI involved an accident that caused injury, the penalties are even more severe. According to California Vehicle Code 23550.5, you could face:

• Longer jail or prison sentences
• Larger fines
• Extended probation periods

In cases of gross vehicular manslaughter while intoxicated, penalties can include up to ten years in prison.

These penalties are designed to deter drunk driving and keep the roads safe. However, they can be life-altering. That’s why it’s crucial to have skilled legal representation.

In the next section, we’ll discuss how to defend against a DUI charge in California.

Defending Against a DUI Charge

Defending against a DUI charge in California can be complex, but understanding key defenses can make a significant difference. Here are some crucial aspects to consider:

Probable Cause Defense

Probable cause is essential for a lawful arrest. According to the Alameda County District Attorney’s Office, probable cause means there is a “fair probability or substantial chance that the suspect committed the crime.” If you were simply sitting in a parked car, there might not be enough probable cause to arrest you for DUI. An experienced attorney can argue that there was no valid reason for your arrest, potentially leading to the dismissal of your case.

Volitional Movement

In DUI cases, volitional movement of the vehicle is required. This means the vehicle must have moved due to the driver’s intentional actions. In the landmark Mercer v. Department of Motor Vehicles case, the court upheld that “driving” involves some movement of the vehicle. If you were in a parked car and did not cause it to move, your attorney could argue that you were not “driving” under the influence, which is crucial for your defense.

Legal Representation

Having skilled legal representation is critical. An attorney can:

• Challenge the evidence: Question the accuracy of breathalyzer tests, field sobriety tests, and officer observations.
• Argue procedural errors: Highlight any mistakes made by law enforcement during your arrest.
• Present alternative explanations: Offer plausible reasons for your behavior that do not involve driving under the influence.

Mercer Case

The Mercer v. Department of Motor Vehicles case is a cornerstone in DUI defense. The Supreme Court ruled that mere presence in a vehicle is not enough to prove DUI. There must be evidence of volitional movement. This case has been pivotal in many DUI defenses, helping defendants avoid unjust penalties.

Inland Empire Criminal Defense

At Inland Empire Criminal Defense, we specialize in defending DUI cases. Our experienced attorneys understand the nuances of DUI law and can craft a personalized defense strategy for you. We focus on:

• Challenging probable cause
• Proving lack of volitional movement
• Ensuring your rights are protected

For expert legal assistance, contact us at (909) 939-7126. We offer free consultations to discuss your case and explore your defense options.

Frequently Asked Questions about DUI in California

Can you get a DUI in a parked car in California?

Yes, you can get a DUI in a parked car in California. The key factor is volitional movement. According to the Mercer v. Department of Motor Vehicles case, the law requires evidence that you intentionally moved the vehicle. Even slight movement, like putting the car in neutral, can count.

However, if there’s no clear evidence of movement, a skilled attorney can argue that there was no probable cause for the DUI charge.

What happens if you get in an accident while drunk in California?

If you get in an accident while drunk, the consequences can be severe. You could face:

• Fines
• Jail time
• Probation
• Community service

If someone is injured, the penalties can be even more severe, including felony charges. For example, in a Menifee case, a woman faced DUI and manslaughter charges after a fatal collision.

Can you get a DUI if you weren’t pulled over?

Yes, you can get a DUI even if you weren’t pulled over. If there is evidence that you were driving under the influence, you can be charged. This includes situations where:

• Witnesses saw you driving erratically
• You were involved in an accident
• Police find you near an accident scene

In such cases, proving volitional movement is crucial. If the prosecution can’t prove you were driving, your defense attorney can challenge the charge.

For expert legal assistance, contact Inland Empire Criminal Defense at (909) 939-7126. We offer free consultations to discuss your case and explore your defense options.

Conclusion

At Inland Empire Criminal Defense, we understand that facing a DUI charge can be overwhelming. Our experienced attorneys are here to provide you with the legal assistance you need to navigate through this challenging time.

We offer free consultations to discuss your case in detail. During this consultation, our team will evaluate the specifics of your situation, including any evidence and witness statements, to develop a personalized defense strategy tailored to your needs.

Our goal is to protect your rights and achieve the best possible outcome for your case. Whether you’re dealing with a DUI charge for hitting a curb, being found in a parked car, or any other related issue, we are committed to providing fearless advocacy and personal attention to every client.

Don’t face this legal battle alone. Contact Inland Empire Criminal Defense at (909) 939-7126 for a free consultation and let us help you safeguard your future.

For more information and to explore our services, visit our DUI defense page. Your path to justice starts here.