When it comes to getting charged with DUI, there are several things that the state or the prosecutor has to prove in order to convict you. DUI is a criminal charge, and every criminal case has to be proven against the defendant, which is also known as the element of crime. Elements of crime are the things that the prosecutor must prove “beyond a reasonable doubt” to the judge or jury in order to convict you.
In a drunk-driving case, there are several of these elements that need to be proven.
The Proof Of Your Identity
The first element of this crime that the prosecutor must prove is that it was you who was drunk driving. In other words, they need to prove their identity. In most DUIs, this is not an issue as everyone knows who it is going to be if the officer pulls you over, comes up to your vehicle, and you are the one who is driving it.
The officer is then going to come to court and state that it was you. So, proof of identity is an open thing, and it would definitely be a very unusual set of facts for identity to be an issue in a DUI case.
Exceptional Scenario Where Identity Might Be An Issue
There could be a scenario when you have gotten out of your car, and you are inside your house. The police knock at your door and tell you that the description of a car matching your car has been seen driving unusually and may have caused an accident.
This is an exceptional scenario where the police, while matching cars, come to your house where identity can be an issue. However, identity issues are pretty unusual, and you don’t see them often.
The Proof That You Were Driving the Car
You should know that you don’t have to be actually driving the car to be charged or convicted of driving under the influence. If you are maneuvering the car, it is essentially enough evidence. The courts define this aspect as basically being able to readily put the car in motion or operation.
On that note, if you are caught in a position where you can put your car readily in motion, then this is essentially the same as driving the car. If you are in the driver’s seat and you have the keys – you don’t necessarily need to have the keys in the ignition – if you are capable of putting the car into motion, it is considered driving or operating the car.
Don’t Fall Asleep in the Driver’s Seat
Now, there can be a situation where you are in the driver’s seat, and you have fallen asleep, but you aren’t driving the car – but if you have got the keys with you, you will be charged with a DUI. If you feel sleepy, it is in your best interest to get into the passenger’s seat instead of sleeping in the driver’s seat.
The only element to focus on here is that you are in a position where you can put the car in motion, which you can do if you have the keys and you are in the driver’s seat.
The Proof That You Were Under the Influence
Probably, one of the most important yet one of the most difficult to define and prove is that you have indeed been under the influence of alcohol when the officer stopped your car and conducted a field sobriety test.
This aspect can be proven in different ways. What the police want to do is to get a breath sample from you, and if that is 0.08 percent higher, it is considered legal proof of intoxication. The standards might differ from one state to another, and there might as well be certain variations on that, such as if it is a commercial driver in certain situations or if it is a juvenile driver.
Nonetheless, the police will need a breath sample from you or a blood sample, and it needs to be a certain percentage to prove you are under the influence.
Get A Lawyer On Board to Dismiss DUI Charges
It is important to mention here that having a higher percentage on the blood or breath test doesn’t automatically mean that you are guilty. The burden is on the police to prove your guilt before a jury. The police are assuming that you are driving under the influence, and you, with the help of a good DUI lawyer in your state, need to prove that the case is otherwise.
For instance, if you reside in Michigan and have been falsely accused of DUI, get in touch with a Michigan DUI lawyer to get your Michigan DUI Dismissed and prove your innocence. You might be on medication that could cause the blood alcohol level to rise – whatever it is – a lawyer can help you get your DUI charges dismissed.
Test Results Must Be Proven in Court
When it comes to rebutting the presumption, you cannot ignore several aspects, such as the police having used a faulty machine. If it was a blood sample, the chances could be that the blood wasn’t preserved properly. There could also have been problems in the testing.
These are some of the things that you can look into. The point is that just because it was said that you were drunk, and while the tests are considered pretty reliable – – it is just a number, and things have to be proven in court before you can really be convicted of a DUI.
What If No Test Was Conducted?
Now, if the police officer didn’t take your breath or blood samples, it will come down to the observations of the police officer who pulled you over and got you out of your car. The police officer who observes you, questions you, and hopefully has recorded your field sobriety tests on video and audio as well. The court will look into whether or not you were properly instructed on the field sobriety tests and how you performed and looked at those.
So, if you don’t have a breath or blood sample, then you are going on the observations of a police officer.
