If you have been arrested under suspicion of driving under the influence, you have not yet been convicted. An arrest simply means that officers believe there is a reasonable doubt that you were driving under the influence. In order to be convicted, prosecutors have to then prove in Court, that you were 1) driving and 2) intoxicated beyond a reasonable doubt. Both of these elements need to be proven, not just one or the other. Both elements include a level of subjectivity. This gray area allows Los Angeles DUI Lawyers, such as our firm, to cast doubt on the prosecutor’s case, and leads to cases being dismissed or charges being reduced.
Let’s take a look at the element of driving in detail.
For you to be convicted of you a Los Angeles DUI, you must be driving at the time you were intoxicated. If you were not driving, then you cannot be convicted of a DUI. Oftentimes, driving is the easier element of the two to prove, as a person is driving and is pulled over by officers. However, in many cases, it is not so cut and dry. Let’s consider some examples.