If you or a loved one has been arrested for a drunk driving offense you should call our office as soon as possible. With more than 15 years of experience and having personally handles many hundreds of dui cases a a deputy district attorney and a defense attorney.
After reading this article if you have any questions give us a call at 559 441-1418.
WHAT DO PROSECTORS HAVE TO PROVE IN A MSDEMEANOR DRUNK DRIVING CASE?
1. proof that you were driving sometimes in drunk driving cases this will be an issue. Such as where the office did not see someone driving and approaches the car in a parking lot, and the car is not hot, and there is no proof of driving such as no keys in the ignition no seat belt on. And the car may have been parked there for a long period of time.
The essence of a DUI case is that you were on a roadway impaired or with a BAC over .08.
There must be movement of the vehicle. Sitting in a running vehicle while you are parked at say an event is not driving or movement. Instead, there must be a showing of the car being driven while you were impaired or over the legal limit.
PROOF THAT YOU WERE UNDER THE INCFLUENCE
For example blowing over the legal limit or submitting to a blood test and being over .08 even if you blew below the legal limit of .08 you could still be arrested if the officer believes your ability to drive was impaired, such as bad drivng, etc.
ARREST WITH PROBABLE CAUSE
Based upon all the surrounding facts there must be probable cause to arrest. The officer may only arest if they follow certain procudures and the stop was based upon reasonable suspicion that a traffic infraction had occured. Where many DUI cases fall apart is during this stage an officer inexperienced in DUI procedure may make mistakes in paperwork and procudure that are such they make the case fall apart.
There are many other factors that can affect a DUI so if you have any questions give us a call. 559-441-1418.