I am frequently told by clients arrested for DUI, ‘The police didn’t see me drive! I was inside my house when the came in and arrested me! They can’t convict me.’




If the police or a witness actually see a person driving under the influence, that is known asĀ direct evidence.


However, a person can be convicted with circumstantial evidence. For example: If a police officer is in pursuit of a vehicle and loses sight of it for 10 seconds, then pulls up and sees a man standing beside the driver’s door, keys in hand … there is a logical inference that the man standing beside the vehicle was the driver.


Each case turns on its own facts, and there is no firm rule about whether circumstantial evidence will stand up or not. A good lawyer will examine circumstantial cases with a critical eye.