If you have been pulled over for suspected DUI and given a citation for driving under the influence, you might think you have no chance to comb your case. In truth, the prosecution still needs to confirm beyond a practical question that you were driving intoxicated of alcohol.
Before we go any kind of better, we have to tell you that we are a San Francisco DUI attorney, so this write-up is generally focused on those jurisdictions. It is not legal that suggestions should not be treated as legal recommendations, and also you ought to seek advice from a DUI attorney if you require legal advice. Ultimately, if you need details on DUI laws in various other states, you must choose specific answers to your questions from sources or lawyers in those states.
Driving, Operating, or Controlling the Vehicle:
The prosecution first needs to show that you were operating or managing the lorry. If you were driving, after that, this is simple. What if you are behind the wheel in an auto parking whole lot, with the vehicle stopped?
You also need to be driving a car. Once again, if you drive a routine auto, then this is straightforward for the prosecution to confirm.
Despite the preceding, the concern of whether the implication was driving a lorry is rarely contested. But it does make for a fascinating case when there is an inquiry of fact below.
Intoxicated of Alcohol:
There are generally two means the prosecution can verify that you were driving under the influence. Lots of states have a BAC threshold, which amounts to “under the influence per se,” suggesting the BAC at which the State has chosen you is instantly regarded under the impact without the requirement for further proof. The State still needs to verify that the examination is dependable enough for the judge or jury to utilize it against you.
Whether you are under the influence of alcohol can also be proven with others’ statements (or yourself, if you choose to indicate). An authorities police officer can affirm concerning how you were driving. If you were swerving in and out of lanes, over the yellow center line, or otherwise driving unevenly, you can bet the State will have the police officer testify.
The crucial point to note is that being charged with a DUI doesn’t mean being condemned for DUI. There are several ways to test a DUI charge, and they begin by evaluating the elements of the offense.
A DUI citation carries with it a lot of consequences. Because of this alone, you must work with a DUI attorney to represent your concerns.