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When a driver is arrested for driving under the influence of drugs and alcohol, he or she will be given a future court arraignment date after being cited out. If you are charged with any associated DUI offense, you must be taken to court for a trial. For you to lose the court case, the prosecutor must prove to the court that you were driving under the influence of drug and alcohol beyond a reasonable doubt. In any associated DUI cases, a prosecutor must make good use of scientific evidence and the traditional witness testimony to prove their case is valid against the defendant. Ultimately, the jury or judge will determine whether or not to acquit or convict the defendant for the DUI offense.
DUI Offense Elements
For the prosecutor to prove to the court that the defendant is guilty of driving under the influence of drugs and alcohol in violation of the California Vehicle Code, he must establish that the evidence in court determined that the driver drove the vehicle. In this case, he must also determine that he drove that vehicle under the influence of the drugs and alcohol.
If the defendant was also arraigned in court for driving a vehicle while hi blood level of alcohol was above 0.08 percent under the California Vehicle Code, the prosecutor must prove that the defendant was driving a vehicle at the time his alcohol content in the blood was above 0.08 percent. For the respondent to be convicted, each element of the case must be proved by the prosecutor beyond any reasonable doubt.
Proving a DUI Charge
For you to prove a DUI charge, the prosecutor must work hard to prove the evidence against the defendant in a manner that does not evict any form of doubt. If the prosecutor wants to win this case, he must also work hard to develop the most sophisticated platform for witnesses to testify against the defendant. In this case, the officers who saw him drive and tested his level of blood alcohol will be allowed to testify. They will be the main evidence against the drivers. Also, the prosecutor may call in the expert witnesses and lab technicians who performed the test to explain how the blood and breath tests work. They will also explain how they will be used against the defendant.
In some rare cases, civilian witnesses can also be called to testify. They may include those who witnessed a traffic collision or saw him drive.
Fighting the DUI Charge in Court
The defense against this court may work to challenge the witnesses and evidence presented in court through the prosecution system. The defendant’s attorneys can also choose to challenge the accuracy of the tools used to test blood and breath. In this case, they can also opt to cross-examine the testimonies used by the witnesses in court. In many occasions, the prosecutor chooses to rely on the retrograde extrapolation system to explain how this chemical test taking many hours after the defendant was driving can be used to determine the BAC at the time when the vehicle was being driven. The defense system can also opt to bring forth the witness experts who can prove to the court that these tests were not accurate. They can also show why these tests are made through assumption.
If you or your loved one has been charged with DUI offense in California, be sure to seek an imperative criminal DUI legal representative immediately. Los Angeles DUI Lawyers have more than two decades of professional experience. For more information, please call us to schedule a free consultation session with an experienced lawyer.