DUI Arrest Proper When Man Stumbles in Middle of Road While Picking Up Fallen Tools
When someone is not observed driving, but appears drunk or intoxicated on drugs, an arrest for DUI merits a closer look.
Sometimes an officer will find someone sleeping in their car on the side of the road, often in the early morning hours. Other times, a driver will park his car along the side of the road and run into the bushes to urinate or vomit, only to meet an officer as the driver returns to the car, keys in hand.
In such situations, the officer cannot offer testimony that he observed the driving ability of the suspect, so a violation of Vehicle Code