Handcuffs, car keys, alcohol

Elements in a DUI Offense Can Be Called into Question

All drunk driving charges have specific elements that must be present in the case. One of these is that the person who was arrested had to have alcohol present in their bloodstream at the time of the offense. Another element is that the person had to have been caught driving. Both of these points bring up possible questions that could lead to a defense strategy for the DUI charge. For people who are facing drunk driving charges, exploring the case against them is crucial.

When going through the case against you, it is imperative that you understand some of the basic definitions that apply to the case. One of these has to do with the driving aspect. In most cases, the location where you were in the vehicle, the location of the vehicle and the location of the keys in the vehicle are some of the considerations. For example, if you are in a driveway in the back seat of the vehicle without the keys, it's not likely you would be considered to be driving drunk. If you are in the driver's seat with the keys in the ignition on the side of the road, it could be presumed that you were driving drunk.

Another element that must be present is that you were under the influence. In order to be convicted of a drunk driving charge, there had to be a reason to believe that you were drunk. For example, the officer who stopped you must have seen something in your actions, appearance, or conduct that led them to believe you were drunk. In some cases, this is one element that could be called into question when you are trying to fight against drunk driving charges.

Source: FindLaw, "Elements of a DUI Offense," accessed April 08, 2016