Every criminal charge has a legal process behind it. Drunk driving charges, in particular, are noteworthy for the numerous steps, procedures, rules, and measures of compliance that must be followed throughout the legal process. For an individual charged with a DUI, how does all of this impact them?
Well, the details of any case will always be important, but you may not be aware of just how intricate this can get. For example, what constitutes “driving” in these cases? Does it mean that you were “operating the vehicle” or that you were “physically in control of the vehicle?” State laws will differentiate between these options. There is also the question of whether the individual even turned on the ignition. Perhaps they were just sitting in the driver’s seat without the car actually being on.
Then there is the “intoxication” itself. The prosecution will utilize field evidence, driver evidence and blood alcohol evidence to prove intoxication. Field evidence will involve the unusual driving, the conduct of the driver and his or her performance during a field sobriety test, and any statements made by the driver or video evidence of the incident. Officers at the scene will also use the driver’s clothes, appearance, the redness or glossiness of the driver’s eyes, the smell of alcohol at the scene or on the driver’s breath, and the driver’s speech as pieces of evidence.
As much as all of this can work against you, it can also work for you. Evidence is not a one-way street. If you are accused of a drunk driving charge, there are ways to combat the allegations.