Over one million drivers will be arrested for driving under the influence or alcohol or drugs this year, as with every year in America. If you were one of these drivers who received a charge, you may be worried about the outcome of your case or have some questions about your DUI that we may be able to answer. As with every DUI, there are some basic elements of your offense, even though the laws vary from state to state. If you were driving while intoxicated and the police are able to prove this, you will be charged with a crime, and probably convicted as well. A blood alcohol test will probably prove these results. Here is a little more on how police prove these elements:
Motorist Being Under the Influence: There are “per se” DUIs and there are “impairment” DUIs. The prosecution must prove how you were actually under the influence to come to a conclusion on how you will be charged. With a Per se DUI, the prosecutor will only need to show that you were driving with a certain amount of drugs or alcohol in your body. To prove an impairment DUI, the prosecutor must show that you were drunk or stoned based on the effect that it had on you.
Proving the Driver: Prosecution must show that you were operating or in actual physical control of a vehicle to prove that you were under the influence while driving. This will usually be proven by the condition things are in, such as if you were awake or asleep when the cops showed up, whether your motor was running, the location of the car keys, and how close you were to the steering wheel.
Public Roadway: Many states consider driving under the influence illegal no matter where you are on the roads. In other states, however, this only applies to areas that are open to the public.
If you have been charged with a DUI, you already know that many elements must be proven in your case. It pays to speak to a professional, experienced attorney about your case to receive the best results. Call us today for more information on how we can help.