Probable Cause

First, sleeping in the front seat of your car with the keys in the ignition or in your pocket can be construed as "operation" of the vehicle by a Judge. Second, the fact that you waited a half hour before driving away indicates you were driving the vehicle when the police officer pulled you over. You ask if "its enough for a dismissal?" There is not enough information in your question to determine an answer. With DUI its a matter of whether your ability to drive the vehicle was impaired that dictates whether you will be convicted. If you refused to take the breath test, the DA has less to offer by way of proof to the jury and that may help your case. However, the police car video (if one exists) will be strong evidence of whether you were driving properly or not and if you are shown standing in front of the video camera, it will also be strong evidence one way or the other. What you're really asking is whether the lack of proof will be enough for an acquittal after trial and that is ultimately up to the jury.

If you refused to complete a breath or blood test after a California DUI arrest, you may be facing a refusal of a chemical test. Your San Diego California DUI criminal defense attorney will have more obstacles to encounter. There are a number of special California DUI enhancements that will increase a defendant's risk of receiving a stricter punishment in a California DUI misdemeanor case. The increased California DUI punishment alternatives include steeper California DUI fines, mandatory attendance in lengthy California DUI alcohol education courses, and a longer required California DUI term of incarceration in a county jail. When a California DUI suspect refuses to take a chemical test, both the California DUI lawyer and the prosecution are presented with challenges and opportunities. California has a law called the informed consent law of chemical testing. What this means is that when you got your drivers license, you agreed (although you probably did not realize it at the time) that in exchange for the state giving you your drivers license, you agreed to submit to a chemical test. This law means that the state does not need a warrant or other court order to have you submit to a chemical test. If a California DUI suspect is arrested and after arrest is given the opportunity to take a chemical test such as a breath, blood, or urine test, and refuses to take any chemical test, the DUI suspect will be charged with an additional crime of refusing a chemical test, per California DUI lawyers. As long as there is no forced blood draw, the DUI suspect who refuses to take a chemical test can potentially gain some advantages by refusing. Unless a forced blood draw, the prosecution does not have a blood level number to rely upon and has the more difficult job of proving impairment as defined in California 's jury instructions. However, this is of limited value according to most California DUI lawyers. Many DUI defendants are charged with refusal because at the time they were asked to take a chemical test, the DUI defendant believed that they had the right to speak to a California DUI lawyer. While this may be the law in some states, it is not the law in California. This mistaken belief has lead to many refusal cases, per California DUI lawyers. In many California DUI lawyer cases, the defendant agrees to take the voluntary field sobriety tests while refusing to take the mandatory chemical test. What this means is that in many refusal cases, the prosecutor still has evidence of impairment through the officer's testimony about the DUI suspect's performance on the field sobriety tests. Another common error DUI defendants tell California DUI lawyers is to assume that by submitting to the preliminary alcohol screening (PAS) test, that they have satisfied their obligation to give a chemical test. In some California DUI lawyer cases, under the right facts, this can be a winning argument. However, in most California DUI lawyer cases, the refusal will still be charged. California DUI lawyers report that many prosecutors and judges can be very hostile towards a DUI defendant who has refused a chemical test. This hostility can be expressed in increased jail time and extended alcohol e ducation programs. If the DUI defendant decides to go to trial and is found innocent of the charge of driving while intoxicated, than the defendant can't be found guilty of refusing a chemical test, California DUI lawyers explain. During the trial, the California DUI attorney will given an instruction that the act of the DUI defendant refusing to take a chemical test is evidence that the DUI defendant was conscious of his own guilt of the charge of DUI. In some California DUI lawyer cases and before some jurors, this can pose a significant challenge. http://www.sandiegodrunkdrivingattorney.net/refusal-cases.html