What a DUI Attorney Can Tell You About the Elements of a DUI

If you are stopped on suspicion of DUI and given a quote about driving under its influence, you may believe that you have no chance to fight your lawsuit. In practice, however, the prosecutor must prove beyond reasonable doubt that you are actually driving under the influence of alcohol.

Before proceeding, this article is generally aimed at those jurisdictions because I am a Maryland DUI lawyer, a Virginia DUI lawyer, and a DC DUI lawyer. However, this is not legal advice and should not be treated as legal advice. If you need legal advice, consult a DUI lawyer. Finally, if you need information about DUI laws in other states, you should look for specific answers to questions from those state resources or lawyers.

Driving, operating or controlling the vehicle:

The prosecutor must first prove that he was operating or controlling the vehicle. This is easy if you were driving. But what if you are behind a car in a parking lot and the car is stopped? What happens if the key is in the ignition and the car is turned off? What happens if the car is on but in the park and you are sleeping? You can imagine how this problem can be tricky.

You also need to drive the vehicle. Again, this is easy for the prosecution to prove if you are driving a normal car. But what constitutes a vehicle? Again, the problem can be ambiguous. As an extreme example, can a portable fan be taped to a car seat to get on the bike and help the bike move forward?

Despite the above, the question of whether the defendant was driving the vehicle is rarely disputed. However, if there is a factual problem here, it will be an interesting case.

Under the influence of alcohol:

There are generally two ways prosecutors can prove that you were driving under influence. The first is to test the blood alcohol concentration [BAC]. This is the method we know best. “What did you blow?” Often, this is the first question everyone asks when telling a DUI story. Many states have a BAC threshold equivalent to “under impact”. This means that the state-determined BAC is automatically considered to be affected without the need for further evidence. However, if the accused's BAC is tested, the reliability of the test becomes an issue. The state must prove that the judge or ju judge is a reliable test enough to use it against you.

You can also prove whether you are under the influence of alcohol through the testimony of another person [or yourself if you choose to testify]. Police officers can testify how you were driving. For example, if you are in or out of a lane, you are driving beyond the yellow center line, or you are driving irregularly, you can bet that the state will test the police. Also, if you take an outdoor drinking test, the officer will testify how you went. Everything about your interaction with the witness the prosecutor has chosen to call the stand, whether or not the prosecutor is a police officer, is a fair game. However, this testimony can be challenged as well through cross-examination or the use of your own witness.

It is important to note that being charged for DUI does not mean that you have been convicted of DUI. There are many ways to dispute a DUI claim, but they start with a criminal element.