CLICK HERE TIPS TO AVOID MISTAKES AFTER A DUI ARREST

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When you have been arrested for suspicion of driving under the influence, it is important to understand that you have not yet been found guilty. You cannot be found guilty unless you enter a plea of guilty, or a jury finds you guilty. In order for a jury to find you guilty, they must find that you committee the crime beyond a reasonable doubt. In order to do this, they must demonstrate that you are guilty of two elements:

  1. You were operating a vehicle; AND
  2. You were under the influence of alcohol and/or drugs.

If you have been charged with a Los Angeles DUI, you have not yet been convicted. If you have been arrested, you have not yet been convicted. It merely means that there is probable cause for officers to believe that you are guilty of driving while under the influence.

For someone to be convicted for a DUI, the prosecutors must prove that the driver was in fact driving beyond a reasonable doubt, and that the driver was intoxicated while driving. The prosecutor must prove both elements, not just one or the other.

This does not mean that you cannot be charged with a DUI, if you weren’t driving. You may still be charged with a DUI if officers have a reason to believe that you were, at some point, driving while under the influence of alcohol or drugs. To better understand this concept, lets consider some examples.

In order to be convicted of a Los Angeles DUI, the court must show that you are guilty of both elements beyond a reasonable doubt. One element that is crucial to a Los Angeles DUI is driving. California Vehicle Code §23152 states as follows:

“It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle” 

Note that it is not one element or the other that has to be proven in a DUI case, but both. You cannot be found guilty of a DUI if you are simply under the influence of an alcoholic beverage. Similarly, you cannot be found guilty of a DUI if you are simply driving. You must be under the influence of an alcoholic beverage and be driving a vehicle.  

If you have been pulled over on suspicion of a DUI, you may have spent the night in custody and have received a citation asking you to appear in Court. This does not mean you have been found guilty of a DUI. It simply means that the authorities have a reason to believe you may have been guilty of driving under the influence of alcohol or drugs.sYou have simply been charged under California Vehicle Code §§ 23152, or 23153.

Before you can be convicted of a DUI, the Court must find that you meet the elements for a DUI beyond a reasonable doubt. This may be accomplished by either entering a plea, or being found guilty by a jury of your peers.

So then, what are the two elements that you must meet before you can be found guilty? First, you must be proven to have been driving, and second, you must have been under the influence. If you were just driving and were not under the influence, then there is no DUI conviction. If you were under the influence of either alcohol or drugs, but were not driving, then there is no DUI conviction. If you have been charged with a DUI in either of those scenarios, then your case will be dismissed.

When you have been arrested on the suspicion of driving under the influence, you are only being charged with the potential of having committed an offense. This does not mean you are convicted. Before you can be convicted, the government must prove that you are guilty beyond a reasonable doubt, only then can you be found guilty of the offense.

The prosecutor must prove each element beyond a reasonable doubt. For a person to be found guilty of driving under the influence, they must be guilty of two elements; they must be found to be driving, and driving while impaired.

When a person has consumed alcohol and are driving, the Court has a guideline which they can follow to determine impairment. The government has found that if a person has a blood alcohol level of .08 or higher, they are reasonably impaired enough to the point where their driving may be impacted.

When the prosecutors are trying to convict someone of a Driving Under The Influence Charge, they must prove two separate elements beyond a reasonable doubt. 1) That the person was under the influence and 2) that the person was driving.

It may often be straightforward to prove that a person is intoxicated, especially when they have submitted to a blood alcohol test and the date results demonstrate a BAC present in their blood stream. Driving on the other hand, may not be as easy to prove in all cases.

Lets consider two different examples, one in which driving is straightforward, and another in which it is not.