Former Fresno City Council member pleads guilty to DUI

As former Fresno City Council member, Sal Quintero can attest, the 'D' in 'DUI' does not mean that you have to be driving in order to be found guilty of “driving under the influence.”  Apparently, Mr. Quintero was found asleep in his car that was not running, but with the ignition key in the ‘on’ position.  After submitting to a breath test, Mr. Quintero’s blood-alcohol-content registered between .15 and .16%, well above California’s legal limit of .08%.  

While some eyebrows may have been raised, it is true that one can be arrested for DUI even if not actually seen to be driving.  There are a number of appellate cases that have even affirmed DUI convictions where the defendant was asleep or unconscious in his/her car.   The theory behind such convictions is that the defendant was “probably” driving some time earlier and was “probably” intoxicated at that time. 

As a California DUI Defense Attorney, I handle such cases as this that may involve the defendant not actually driving.  It is important to note that in order to be convicted of such a charge, certain things must be made apparent.  For instance, whether or not the car was running, whether the keys were in the ignition, and where the defendant was seated when found.  When it comes to DUI cases, the prosecution has the burden of proving that the defendant was actually “driving” or at the very least, in “physical control” of the vehicle while impaired.  If it cannot be proven that the defendant was in physical control of the vehicle, then he or she must be acquitted.

Being arrested for DUI tends to be one of the most frightful things that can happen to anyone.  If you are arrested for DUI, please contact the DUI Law Office of Thomas Wallin today!