In order to be charged with DUI, certain legal requirements must first be met. Some of these requirements are more obvious than others, and it is good to know what must be proven in order for a DUI charge to stick because if the State cannot meet its burden, charges against you should not be prosecuted. Our office has helped people fight DUI cases for years, and knows what it takes to make a case and an effective defense.
Three DUI requirements that must be proven in order for the State to have a case against you are:
- You must be either driving or in control of a vehicle at the time of the arrest.
- Your ability to operate the vehicle must have been impaired by either alcohol, drugs, or some other prohibited substance at the time you were driving.
- The level of impairment has to be over the legal limit, which is 0.08%. This means that if you have a concentration of a prohibited substance in your system of 0.08% or more, you meet the legal definition of impairment.
The most common way for the State to show that you were driving while impaired is by the introduction of test results showing a BAC or other substance in your system of 0.08% or more. The State obtains this data by giving you a breath or blood test, to measure the amount of alcohol in your system. Most people think these test results are pretty reliable, but in truth there are many ways to challenge a test. For example, you can provide an alternative reason for the result such as a unique medical condition or the existence of a legal substance such as a prescription. In addition, you also have the opportunity to challenge the way the test was given to you. If you are able to identify and point out errors in the testing methods, the Court should not take the test results into consideration. Without scientific evidence that you were impaired while driving, the State cannot meet its burden of proof and you stand a good chance of having the case dismissed or the charges reduced.
For questions about DUI cases, call us to schedule an appointment. Let one of our experienced criminal defense attorneys in Stuart and the Treasure Coast to help you with your case. Your first visit with us is a free initial consultation.