DUI Elements

The prosecutor must prove the following in order to lawfully obtain a conviction.

The Defendant was operating or in actual physical control of a motor vehicle
The Defendant was under the influence of Drugs or Alcohol and
Their normal faculties were impaired.

It is not necessary that the Defendant actually be driving. If the Defendant was not arrested while actually driving, the Jury must find that the Defendant was in actual physical control. It is possible to be sitting in a parked car with the keys in the ignition or even in your pocket and to be found in actual physical control of the vehicle. There is a lot of room for creative arguments to the Jury when the Defendant is not actually driving.

The second element, that the Defendant was under the influence of alcohol or drugs, is presented to the Jury through the police. They will testify that they smelled alcohol emanating from the facial region of the defendant, blood shot and watery eyes, slurred speech, unsteady on their feet, and the list goes on. They will also introduce the breath test, blood test, or urine test. If there is no blood test or urine test they state will argue that the defendant refused to provide a sample because of their acknowledgment of guilt.

The third element, that their normal faculties were impaired will be presented by the police again. They will testify about the defendant’s inability to stand without swaying, inability to walk normally, their inability to do the many things that we all do normally. They will testify about the Defendant’s inability to perform the field sobriety tests to the officers satisfaction.

Many of the things the officer will testify to can be negated and contradicted through a good cross examination. The hiring of an experienced and aggressive DUI attorney in fighting your DUI charge can make a big difference in the outcome of your case. It is important to hire an experienced DUI Attorney with a lot of trial history . Call me now for your consultation and lets discuss what I can do for you.

Good Luck,

Robert Tager
(727) 723-1616