Are you facing a DUI charge? This can be an extremely stressful situation for anyone. To know what you are up against, it helps to know the basics of a DUI charge. Here is what you need to know about the components of driving under the influence charges.
What Does Driving Entail?
When you are charged with driving under the influence, you do not necessarily have to be driving your vehicle. In fact, the prosecution can charge you if you are operating or in control of the vehicle. Every state has its own laws in regard to driving under the influence. Still, the basics are generally the same.
In order to prove that you had control over the vehicle, the cops have to prove a few different elements. Keep in mind that he or she does not have to prove all of the elements. If you were awake in the vehicle when the police showed up, you may be seen as in control. If the motor was running or if the keys were in the ignition, then the vehicle may be in your control. Also, it depends on how close to the steering wheel you are. If you are in the driver’s side, even if you are parked, then you still may face DUI charges.
What Does Under the Influence Entail?
Part of the DUI charge is to prove that you were driving while under the influence of drugs or alcohol. First, you have Per se DUIs. This type of DUI is when the cops only have to prove how much alcohol you had in your system, rather than whether you were actually intoxicated. No matter how you behave or how intoxicated you feel, you can only have a certain level of blood alcohol concentration.
With an impairment DUI, on the other hand, the cops just have to prove that you were showed some type of impairment or that the drugs and alcohol had a substantial effect on you. For instance, you could be under the influence of a legal amount of prescription drugs but if it impairs you in any way, you could be charged with a DUI.No matter the DUI charge, if you are facing a conviction, then it helps to speak with a DUI lawyer as soon as possible. He or she can help to shape your defense. Set up a consultation with a Civic Center San Francisco DUI lawyer, like from Hallinan Law Firm, today.
