Author of "The DUI Answer Book" A Citizen's Guide to Understanding Your Rights

Q:  Can you get arrested for DUI if you are parked in your driveway and already leaving your vehicle?

I was driving home one night and pulled into my driveway and parked my car. as I was getting out police lights came up behind me and they told me I was speeding and asked for my license and registration. they then asked if I had a few drinks and proceeded with the DUI procedure. I blew over 0.08 and was arrested. If I was being pulled over for speeding would they not have pulled me over at that time? I feel like they trapped me. Is that legal?


A:  Yes, the stop and arrest would seem to be legal. You neede to contact the DMV within 10 days of your arrest to schedule a hearing regarding your license, or it will be automatically suspended. You should either retain an experienced criminal defense attorney to represent you, or if you cannot afford to hire one, ask for the public defender the first time you go to court.

Who do you want as your attorney? The Master or the student? Patrick Silva has over 20 years of DUI experience, he has been published in DUI reference books, he has spoken in front of hundreds of attorneys at conferences, taught classes to lawyers on his secrets and strategies, and has a nationally listened to podcast dedicated to teaching other DUI lawyers how to win.  (909)798-1500