Drinking and driving inarguably puts everyone’s safety at risk. Sometimes, a driver leaves an establishment after consuming alcohol, only to realize that their intoxication was more severe than they originally estimated. Safety-conscious drivers may decide to pull their vehicle to the side of the road, find a rest stop, or even park at a gas station to take a quick nap. Although this decision ultimately prevents a potentially catastrophic accident, it also invites curious police officers to investigate the situation. DUI charges are possible in these cases, even when a drunk driver is parked and sleeping safely inside their vehicle.

DUI in a Parked Car

It is possible to be charged with DUI while in a parked car. However, a police officer must typically be able to show that you voluntarily moved your vehicle before the arrest. Voluntary movement may include something as minimal as a car rolling down a driveway after disengaging the parking brake. Other possible evidence that may show a driver moved their car while intoxicated includes:

• The engine is warm.
• The driver is in the driver’s seat.
• The car is in drive.
• The vehicle is at the scene of an accident.
• The keys are in the ignition.

Santa Cruz Camping Ordinances

If someone is sitting in their car and behaving normally, a suspecting cop may not have reason to detain a driver, preventing them from obtaining evidence of a possible DUI. However, the city of Santa Cruz, along with many other California cities, has laws restricting sleeping in public. Many of these laws prohibit owners of registered vehicles from sleeping in their cars, except when there is written consent from the land or business owner granting permission, or in a designated camping area. 

If you were recently arrested for an alleged DUI, you might be concerned about what happens next. You may also be wondering what this might mean when it comes to your license. Rest assured: it is possible to fight back against the DUI charges and your California license suspension. Learn more with help from the following information.

What Happens to Your License?

When an officer arrests an individual under the suspicion of drunk driving, they are required to immediately forward a copy of the driver’s license to the California Department of Motor Vehicles (DMV). The license of the driver may be immediately confiscated, and the officer may issue a temporary license and an Order of Suspension. Upon receipt of the Order of Suspension, the driver has up to 10 days to request an administrative hearing with the DMV. However, the driver may continue to drive using their temporary license for up to 30 days. 

A “wet reckless” is the only crime in the Penal Code for which one cannot be arrested. Over an inch and a half thick, the Vehicle Code (not the Penal Code, which metes out punishments for yet other crimes) proscribes everything from no front license plate to vehicular homicide. Yet a “wet reckless” exists only as a tool to plea bargain DUI cases - it is not a crime one can commit unless one agrees to the prosecutor and judge using it to amend a complaint alleging a DUI case.

Specifically, allowing the complaint to be amended from a VC 23152 to a VC 23103 per 23103.5. Vehicle Code section 23103 makes reckless driving unlawful; adding the 23103.5 means it was reckless “with alcohol involved.” The big difference between a 23103 (mere reckless, or “dry reckless”) and a 23103 per 23103.5 (wet reckless) is that a wet reckless can be used against you as a prior should you be arrested and convicted of a DUI in the future. 

For many people, a wet reckless is viewed as a huge win. For others, it is viewed as no big deal (or even capitulating to a loss). Realistically, whether it is good in a certain case depends on the facts of that case and the individual accused. It does not directly lead to a license suspension, which for some saves a job. Still others don’t need a license, or don’t care about their right to drive (think folks who live in San Francisco, folks who have a driver, folks who are leaving the country, etc.). In most cases, it is only the first step in trying to save driving privileges, as the DMV has a separate process where they will try to suspend one’s driving privilege - but if one’s ability to drive is paramount, it could be an important first step. There are also reduced fines, classes, and “jail” time (put in quotes as very few, if any, folks go to actual jail for a first offense DUI conviction these days).

By John W. Thornton

Yes, almost certainly. We have all had our issues with DMV, these compound in the aftermath of a DUI arrest. While there are some cases that do not result in DMV hassles, they are rare. What follows is but a few examples of what to expect.

First, let me explain the change in attitude at DMV since the "administrative per se laws" went into effect in 1990. It is best summarized by what can be found on the wall in the room in the Capitola DMV Office where DMV hearings are conducted. When I first began doing DMV hearings, there was a big sign that announced your rights as someone facing license discipline: the right to an attorney, to subpoena witnesses, right to testify, etc. After a few years, this notice was pushed aside and, in its place, was placed a notice regarding what charges you can expect for threatening the hearing officer (DMV judge). Now, there is a list of items for which you can be arrested for bringing into the hearing office (firearms, knives, mace, etc.).

By John W. Thornton

The fact that you were arrested, unless you are under 18, is a public record. Websites such as mugshotsantacruz.com post booking photos, and over the past few years many clients have reported hearing from friends, relatives, and co-workers that their booking photo was online.

Secondly, many attorneys pay services to obtain booking information so that they can direct mail you solicitations (I don't do this). Clients have reported receiving 8-10 letters in the mail from attorneys and insurance companies offering various services. If you don’t personally pick up your mail, whoever does will not need to be terribly intelligent to figure out that you have been in legal trouble. While this practice has been controversial, it happens.