There comes a time when you find yourself on the wrong side of the law when caught driving under the influence of alcohol. The moment you are imputed to driving under the influence (DUI), it is the responsibility of the prosecution to prove their case in the best way possible. Thus, it is important to have an idea of what the prosecution needs for a successful conviction as well as what you need to do when facing a DUI charge.
Elements of DUI charges
What constitutes a DUI charge? Ideally, there are two main elements that the prosecutor needs to cover for any DUI charge to hold any water. Ideally, the prosecution team must prove that you were driving a car and at the same time under the influence of a drug. However, there are certain disparities in the application of DUI charges considering that some states require the prosecution team to prove that the accused was driving on a public road.
- The driving element
In many states, you can be charged for DUI even when you were not driving. Ideally, this implies that you do not have to be stopped by the authorities while driving under the influence. Ideally, the prosecution team only needs to prove that you were behind the steering wheel without having to shed light on the driving element. However, factors like whether the defendant was asleep or wake, where he or she was seated, possession of car keys, whether the engine was running, or how the car was parked can give the case an entirely new twist depending on how the defendant’s lawyers address these concerns.
The “under influence” element
The prosecution team should show that the accused has a blood or breath alcohol concentration (BAC) of 0.08 or more at the time of arrest. On the other hand, proving that some drug impaired the motorist can be enough. Of these two, a BAC is often superior to showing impairment. However, the prosecution team tends to use these two options as a way of maximizing their chances of getting a conviction.
If you have been charged with driving under the influence, you need to give this case the seriousness it deserves. The best way to go about this is to work with an experienced DUI attorney. As much as you might be convicted, a good lawyer should be in a position getting the best possible outcomes depending on the facts presented by the prosecution team.…