Drivers throughout California often wonder exactly where they can be stopped for driving under the influence (DUI). Some drivers believe they can only be arrested for a DUI when they are driving and inside of their vehicle.
In fact, you can get a DUI at home in the state of California. Find out how you can be charged with a DUI after reaching your residence with this article. You can also call the Simmrin Law Group at (310) 896-2723 to discuss your legal options after a DUI arrest in California.
Understand California’s Regulations on DUI Charges
According to California’s court system, a driver may be charged with a DUI anytime they:
- Operate a vehicle WHILE
- Under the influence of drugs or alcohol OR
- With a blood alcohol content (BAC) that exceeds the legal limits
The state of California does not place limits on where a driver may be arrested. Some drivers face DUI charges after a traffic stop. Other drivers may be arrested after they reach their homes. Drivers can even face DUI charges days after they engaged in drunk driving.
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Factors That Lead to DUI Arrests at Home
Police officers in California do not randomly approach people’s homes in order to issue DUI charges. Generally, drivers are only arrested at home if a law enforcement officer directly saw the individual operating a vehicle while impaired. For example, a driver could be arrested at home if an officer saw:
- The driver drinking in their vehicle
- The driver struggling to park their vehicle
- The driver violating traffic laws while driving
In the above situations, a law enforcement officer would be likely to try to stop the driver before they reached their home. However, if the driver could not be stopped, the officer could carry out the arrest once the driver reached home and stopped driving.
Additional Evidence in a Delayed DUI Arrest
Sometimes, law enforcement officers make a delayed DUI arrest even though they did not personally see a driver operating a vehicle while impaired. Officers may make the decision to make an arrest if they are provided with evidence of drunk driving. This evidence can include:
- Witness statements that a driver was inebriated
- Audio recordings indicating a DUI
- Video recordings indicating a DUI
- Photos of the driver operating a vehicle while impaired
It’s important that you get help quickly if you are accused of a delayed DUI backed by physical evidence. You can start working on your case now with a criminal defense lawyer in Los Angeles. Call (310) 896-2723 to start reviewing your legal options now.
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Penalties for a DUI at Home in California
Drivers arrested in their home for a DUI can face the same charges as a driver arrested in their vehicle. A driver accused of a first-time DUI can face:
- Up to six months of jail time
- Up to $2,000 in fines
- Up to six months of a license restriction
A driver facing charges for a subsequent DUI may be given more severe penalties, as DUIs are priorable offenses in California. The results of a conviction increase with each DUI on a driver’s record. Note that drivers can also face harsher penalties if someone was killed or injured in a DUI accident.
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You Can Get Help with a Delayed DUI Charge
A DUI lawyer in Los Angeles can assist you if you were charged with a DUI at home. Depending upon your situation, a legal professional could be able to argue that:
- You were arrested in your home without reasonable cause
- You were given a blood alcohol content (BAC) test too long after you were driving
- You were not inebriated when operating your vehicle
The rising BAC defense may be useful in cases involving delayed DUI arrests. Your BAC continues to rise for a period of time after you stop drinking. If you were subjected to a BAC test a significant amount of time after you drove your vehicle, your BAC could rise past California’s legal limits, even though you were below the legal limit while driving. Focus on additional options for your defense by contacting us today.
Build a Defense if You Get a DUI at Home in California
You can technically get a DUI at home in California. These charges can lead to harsh penalties, including jail time and fines. You can get help in addressing this situation by contacting the Simmrin Law Group now. Allow us to go over all of your legal options with a FREE case evaluation.
Call (310) 896-2723 or fill out our online contact form to reach out to a DUI lawyer in Los Angeles right now.