How Circumstantial Evidence Can Be Used In DUI (Driving Under The Influence) Cases – California Vehicle Code Section 23152

By: Wallin & Klarich

If you were arrested for drinking and driving even though no police officer actually saw you driving a vehicle, the Orange County District Attorney and the Department of Motor Vehicles (DMV) may still proceed with your DUI case. Because of this, it is important to have an experienced Orange County DUI lawyer if you are arrested for driving while intoxicated.

The prosecutor and the DMV may introduce circumstantial evidence (as opposed to direct observation) to prove you were driving. Examples of circumstantial evidence of you driving include: being found in the driver’s seat; the vehicle’s keys found in your pocket; the vehicle is registered to you; the vehicle hood was warm to the touch; and the driver’s seat was adjusted for your height. As you can see, the critical element of “driving” in any Driving Under the Influence case can be met even when no law enforcement officer or private citizen witness observed you driving. DUI charges, both in court and at the DMV, are vulnerable to diligent legal research and investigation.

The aggressive Orange County criminal defense lawyers at Wallin & Klarich have been defending the rights of those facing DUI charges for over 30 years. We know what it takes to ensure that you keep your driver’s license and may be able to get your DUI charges reduced or even dismissed. Contact Wallin & Klarich today to learn more about how we can help. Call 888-280-6839 or visit and for more information. We will be there when you call.

Posted In: DUI & Drunk Driving