What a DUI Attorney Can Tell You About the Elements of a DUI

You may assume that you have no chance of defending your case if you have been pulled over for a suspected DUI and given a ticket for driving under the influence. But in truth, beyond a reasonable doubt, the prosecutor still must prove that you were, in fact, driving under the influence of alcohol.Do you want to learn more? Visit this website

I have to remind you that I am a Maryland DUI attorney, Virginia DUI attorney, and DC DUI attorney before I go any further, so this article is typically directed at those jurisdictions. It is not legal advice, however, and should not be regarded as legal advice, and if you need legal advice, you should consult a DUI solicitor. Finally, you can obtain clear answers to your questions from services or lawyers in those states if you need information on DUI laws in other states.

Vehicle Driving, Operating, or Control:

First, the prosecutor has to prove that you were driving the vehicle or manipulating it. If you were a driver, then that would be quick. But what if you are in a parking lot behind the wheel, with the car stopped? What if there were keys in the ignition, but the car was switched off? What if you were in the car, but in the park, and you were asleep? How this dilemma can become complicated can be envisioned.

You need to drive a car as well. Again, if you are driving a normal vehicle, then it is straightforward for the prosecutor to prove this. But what does a car constitute? Again, it is possible to blur the problem. What if you are on a bike with a portable fan taped to the car seat, as an extreme example, which helps push the bike forward?

The question of whether the accused was driving a car is rarely disputed, considering the above. But when there is a question of fact here, it does make for an interesting scenario.

Under Alcohol ‘s Influence:

Generally , there are two ways in which the prosecutor will prove you were driving under the influence. The first is to measure your blood alcohol content (BAC), which is the procedure that we are most conscious of. What did you blow? “is always someone’s first question when retelling their DUI tale.” Many states have a BAC threshold that amounts to “under the influence per se,” indicating that without the need for more proof, the BAC at which the state has determined that you are automatically considered under the influence. But, in any situation where the BAC of the accused is tested, the test’s reliability is a concern. The state also has to show that the test is valid enough that it can be used against you by the judge or jury.