Can Police Arrest Me for a DUI at My Home?

Many assume for DUI charges in California, you must be behind the wheel at the time of the arrest. While drinking or using other drugs and then driving is undoubtedly one of the most common DUIs, there are scenarios in which an individual can be charged with a DUI without being in a vehicle.

What is a Non-Driving DUI?

Non-driving DUIs are often charged after a person is found in physical control of a vehicle that is parked or stopped for some reason. For example, a person may be charged with a non-driving DUI if they are found asleep behind the wheel of their vehicle while parked in a public area like a parking lot or street curb.

Another example is law enforcement arresting someone at their home after getting a call about a driver driving under the influence. If a passerby sees a driver driving impaired and gives enough information to law enforcement, officers may come to the driver’s home to question them about the alleged incident.

What You Should Do if Questioned About a DUI at Home

If law enforcement comes to your home and asks if you recently drove, you are not legally required to answer their questions. This is because of your Fourth Amendment right against unreasonable search and seizure. The Fourth Amendment states that individuals cannot be searched without probable cause or a warrant issued by a court. Officers with no legal evidence to back up their suspicion that an individual has committed a crime cannot search or question without a warrant.

Having officers come to your home and question you about a DUI can be intimidating. However, you should remember your Fourth Amendment rights and politely tell officers you are unwilling to answer any of their questions until they have a warrant or until you have an attorney present.

Charged with a Non-Driving DUI?

When facing DUI charges, it is essential to have a reliable and experienced criminal defense attorney who will listen to your story and fight for your rights. At The Law Offices of Kirk Tarman & Associates, our Rancho Cucamonga criminal defense lawyers understand this and are dedicated to providing top-notch legal counsel to ensure you are protected throughout the process. We will do everything possible to guide you through this difficult ordeal and achieve a successful outcome. Contact our dedicated attorneys online or by phone so we can start building your defense. (909) 658-7341