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Dui
My brother was apprehended on the street in Capitola. His ''story'': He had something to drink at home. Then drove downtown and parked in a pay lot, proceded on to two other bars and drank more. A witness claims to have seen him driving drunk and phoned police with his license plate number (he says this must have happened before he parked).
His friends then decided to take him home and put him outside the bar while they retrieved his car. This is when the officers found him and arrested him for DUI. If he was, in fact, not driving or anywhere near his car, can he be convicted of DUI? Would it depend on evidence of how long his car had been parked before the officers found him? Would it depend on evidence of how long he was at each of the bars? I can't find any information online about this type of situation.