Not only do they have to prove DRIVING in the California DUI criminal case, they must do so in the California DMV case.
Many approaches are involved. Click on the above articles and publications frequently used by California DUI lawyers to contest these germane issues.
A criminal case is not bound by a civil license determination.
Legal precedent is cited and rules relating to these issues are set forth in these California DUI lawyer publications.
The first article refers to the 10 initial questions one may want to ask a California DUI attorney when assessing the facts of the incident.
The Corpus Delicti Rule prohibits conviction of a California DUI charge unless there is ample proof of the corpus independent of any extra-judicial statements, admissions, or confessions by the California DUI accused, lawyers remind.