What a DUI Attorney Can Tell You About the Elements of a DUI
If you have been pulled over for suspected DUI, and given a citation for driving under the influence, you may believe that you have no chance at fighting your case.
But in reality, the prosecution still must prove beyond a reasonable doubt that you were, in fact, driving under the influence of alcohol.
Before I go any further, I have to tell you that I am a Maryland DUI attorney, Virginia DUI attorney, and DC DUI attorney, so this article is generally aimed at those jurisdictions.
However, it is not legal advice, should not be treated as legal advice, and you should consult a DUI attorney if you need legal advice.
Finally, if you need information on DUI laws in other states, you should seek out specific answers to your questions from resources or attorneys in those states.
Driving, Operating, or Controlling the Vehicle: The prosecution first needs to prove that you were operating or controlling the vehicle.
If you were driving, then this is easy.
But what if you are behind the wheel in a parking lot, with the car stopped? What if the keys were in the ignition, but the car was turned off? What if the car was on, but in park, and you were sleeping? One can envision how this issue can become tricky.
You also need to be driving a vehicle.
Again, if you are driving a regular automobile, then this is simple for the prosecution to prove.
But what constitutes a vehicle? Again, the issue can be blurred.
As an extreme example, what if you are on a bike with a portable fan taped to the car seat, which helps propel the bike forward? Despite the foregoing, the issue of whether the accused was driving a vehicle is rarely contested.
But it does make for an interesting case when there is a question of fact here.
Under the Influence of Alcohol: There are generally two ways the prosecution can prove that you were driving under the influence.
The first is through testing your blood alcohol content (BAC), which is the method that we are most keenly aware.
"What did you blow?" is often the first question that anyone is asked when retelling their DUI story.
Many states have a BAC threshold, which amounts to "under the influence per se," meaning the BAC at which the State has decided you are automatically deemed under the influence without the need for further evidence.
But, in any case where the accused's BAC is tested, the reliability of the test is an issue.
The State still needs to prove that the test is reliable enough that the judge or jury should use it against you.
Whether you are under the influence of alcohol can also be proven through testimony of others (or yourself, if you choose to testify).
A police officer can testify about the manner in which you were driving.
For example, if you were swerving in and out of lanes, over the yellow center line, or otherwise driving erratically, you can bet the State will have the officer testify about that.
Also, if you took any field sobriety tests, the officer will testify about how you fared.
Everything about your interaction with the witness that the prosecution chooses to call to the stand, whether it is an officer or not, is fair game.
But this testimony can be challenged as well, through cross-examination or use of your own witnesses.
The important thing to note is that being charged with a DUI doesn't mean being found guilty of DUI.
There are many ways to challenge a DUI charge, and they start with reviewing the elements of the offense.
But in reality, the prosecution still must prove beyond a reasonable doubt that you were, in fact, driving under the influence of alcohol.
Before I go any further, I have to tell you that I am a Maryland DUI attorney, Virginia DUI attorney, and DC DUI attorney, so this article is generally aimed at those jurisdictions.
However, it is not legal advice, should not be treated as legal advice, and you should consult a DUI attorney if you need legal advice.
Finally, if you need information on DUI laws in other states, you should seek out specific answers to your questions from resources or attorneys in those states.
Driving, Operating, or Controlling the Vehicle: The prosecution first needs to prove that you were operating or controlling the vehicle.
If you were driving, then this is easy.
But what if you are behind the wheel in a parking lot, with the car stopped? What if the keys were in the ignition, but the car was turned off? What if the car was on, but in park, and you were sleeping? One can envision how this issue can become tricky.
You also need to be driving a vehicle.
Again, if you are driving a regular automobile, then this is simple for the prosecution to prove.
But what constitutes a vehicle? Again, the issue can be blurred.
As an extreme example, what if you are on a bike with a portable fan taped to the car seat, which helps propel the bike forward? Despite the foregoing, the issue of whether the accused was driving a vehicle is rarely contested.
But it does make for an interesting case when there is a question of fact here.
Under the Influence of Alcohol: There are generally two ways the prosecution can prove that you were driving under the influence.
The first is through testing your blood alcohol content (BAC), which is the method that we are most keenly aware.
"What did you blow?" is often the first question that anyone is asked when retelling their DUI story.
Many states have a BAC threshold, which amounts to "under the influence per se," meaning the BAC at which the State has decided you are automatically deemed under the influence without the need for further evidence.
But, in any case where the accused's BAC is tested, the reliability of the test is an issue.
The State still needs to prove that the test is reliable enough that the judge or jury should use it against you.
Whether you are under the influence of alcohol can also be proven through testimony of others (or yourself, if you choose to testify).
A police officer can testify about the manner in which you were driving.
For example, if you were swerving in and out of lanes, over the yellow center line, or otherwise driving erratically, you can bet the State will have the officer testify about that.
Also, if you took any field sobriety tests, the officer will testify about how you fared.
Everything about your interaction with the witness that the prosecution chooses to call to the stand, whether it is an officer or not, is fair game.
But this testimony can be challenged as well, through cross-examination or use of your own witnesses.
The important thing to note is that being charged with a DUI doesn't mean being found guilty of DUI.
There are many ways to challenge a DUI charge, and they start with reviewing the elements of the offense.