CALIFORNIA CRIMINAL LAWYERS

What Does the Prosecutor Have to Prove in a DUI Case?

Defending DUI Charges: How an Experienced Lawyer Can Help

Driving under the influence (DUI) charges can have serious consequences, and many people feel hopeless when faced with these charges. While it may seem like mandatory minimum punishments limit prosecutors’ ability to negotiate a charge, the truth is that prosecutors must still prove the charges beyond a reasonable doubt. Even though states have set mandatory minimum punishments, including as a response to Mothers Against Drunk Driving, the conviction rate is high, and evidence used in cases is generally weak other than blood alcohol concentration levels. It’s important to note that how evidence was acquired matters greatly, and suspects have legal rights to defense – which is why representation from an experienced and aggressive Los Angeles DUI lawyer is essential.

Table 1: Factors Involved in DUI Cases

| Factors | Details |
| — | — |
| Primary Evidence | Blood alcohol concentration (BAC) test |
| Other Evidence | Field sobriety breathalyzer test, the prosecution must also prove that the defendant was driving at the time of apprehension |
| Non-alcohol DUI Cases | Charges for driving under the influence of chemicals or drugs other than alcohol |
| Marijuana | Marijuana can present problems for patients who are prescribed for regular use because residue can remain in the body |
| Blood Sample | Blood samples are considered reasonable search only when the arresting officer has a warrant from a jurisdictional judge |

Table 2: How an Experienced DUI Attorney Can Help

| Benefits of Experienced DUI Attorneys | Details |
| — | — |
| Contest Officer Testimony | A testimony that can be contested by an experienced and effective Los Angeles DUI lawyer |
| Opportunity to Build a Case | The attorney can build an argument and potentially negotiate a reduced charge |
| Progressive Charge Levels | DUI charges are progressive, which means punishment increases for multiple convicted offenders |

The primary evidence used against a driver who has been drinking and driving is the blood alcohol concentration test, which is acquired via a certified and inspected breath analyzing device. However, the only evidence that can be used to prosecute someone based on alcohol intoxication is the BAC. Testimony about the field sobriety breathalyzer test can only be used to establish reasonable suspicion to apprehend someone. The prosecution must prove that the defendant was driving at the time of apprehension, which is another area where experienced DUI attorneys can provide assistance.

Non-alcohol DUI cases, such as charges for driving under the influence of chemicals or drugs other than alcohol, are becoming more common as more states legalize marijuana in some form. This can be especially problematic for medical patients who are prescribed marijuana for regular use, even though residue can remain in the body for up to 30 days. Any testing will require a blood sample, and blood samples are considered a reasonable search only when the arresting officer has a warrant from a jurisdictional judge. The prosecutor must still prove that the defendant was sufficiently impaired to the point of being unable to perform basic functions while driving. Since the state’s inability to quantify intoxication concentration makes a big difference in case settlement, an experienced DUI attorney can build a case that can potentially lead to a reduced charge.

Facing DUI charges can be scary, but it’s essential to seek legal counsel to defend the charge. While public defenders may not provide the outcome, a qualified Los Angeles DUI attorney can provide support and expertise in fighting DUI charges. Remember that DUI charges are progressive, and punishment increases for multiple convicted offenders – which makes finding an experienced and aggressive attorney even more critical.