Driving under the influence (DUI) charges carry several different potential penalties. A motorist convicted of a DUI offense is likely to lose their driver’s license temporarily. They may have to submit to probation or serve a sentence in jail. Fines are also common penalties.
Many drivers accused of a DUI offense plead guilty. Others might want to fight their charges but may be uncertain about what it takes to win if they take their case to trial. Understanding what the state has to prove to secure a conviction can help defendants develop a reasonable DUI defense.
What do prosecutors need to show to secure a conviction for a DUI offense?
Impaired driving capabilities
Drivers generally should not get behind the wheel when they know that alcohol or drugs have diminished their ability to drive safely. Statements from witnesses, collision reports and video footage from traffic cameras, cell phones or police cruiser dash cams could all help validate claims that drivers were too impaired to safely operate their vehicles.
Elevated alcohol levels
The law also makes it a crime to drive with an elevated blood alcohol concentration (BAC). Any motorist who fails a chemical test because they have a BAC of 0.08% or higher is at risk of a conviction. The state does not have to prove that a driver had impaired ability if there are tests showing that they were at or over the legal limit.
Knowing what evidence the state has can help defendants develop appropriate responses to pending DUI charges. A defense attorney can help reinterpret or challenge evidence in a way that could lead to a defendant avoiding a conviction.
