DUI - How Prosecutors Prove Driving Under The Influence

How Prosecutors Prove Driving Under The Influence

There are two types of "driving under the influence" cases and they dictate what the prosecutor has to prove.

The first type of DUI is where it is illegal for a person to drive when under the influence of alcohol or drugs.

Prosecutors can prove this first type of DUI by:

    - Having the arresting officer or other witnesses testify about a person's erratic driving or about the person's behavior which shows driving under the influence of drugs or alcohol, or

    - Having the arresting officer testify about the results of a field sobriety test given to the driver, or

    - Introducing into evidence a video of the person driving or taking the field sobriety test, or

    - Introducing into evidence the results of a breathalyzer test, blood test, hair test, or urine test.

The second type of DUI is where it is illegal for a person to drive when his/her blood alcohol concentration (BAC) level is greater that the amount allowed by state law. All states use a BAC of .08 now.

Prosecutors can only prove this second type of DUI with a breathalyzer test or blood test which shows the BAC.

You should notice that the two types of DUI sort of work together to catch people. As shown by their driving, some people are driving impaired and under the influence and should not be driving according to state law even though they have a BAC well below .08. On the other hand, there are some people who appear normal for driving, but have a BAC of .08 or higher.

Because DUI is a criminal matter, it must be proven beyond reasonable doubt. This means that if a DUI defense attorney can cause a juror to have a reasonable doubt about whether or not a person was driving under the influence, the person is acquitted.

Also, a DUI defense lawyer will always question the way sobriety, breathalyzer, blood, hair, or urine tests were administered and whether or not the testing devices were accurate. If the lawyer can cause reasonable doubt in a juror's mind about the results of the tests, then the person charged with DUI is acquitted.

The above is general information only. If you have any questions about DUI or driving under the influence, talk with a DUI defense attorney licensed in your state.

Stop! Get more information here on DUI - Driving Under The Influence. And click here for more insights on DUI Penalty.

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