There are several defenses available to people who are accused of driving under the influence. Since the prosecution has the burden of proving each and every element of the case beyond a reasonable doubt, the defendant need only create reasonable doubt in one area in order to prevail against a drunk driving charge. A person is not necessarily guilty if the machine says he is above the legal limit. There are many defenses to DUI or DWI cases, and these should be explored before even considering pleading guilty to DUI or a related drunk-driving offense. It is usually legal to drink and drive, but if the driver is under the influence then it becomes illegal. In different states, under the influence is defined differently, but generally it refers to those cases in which the driver is drunk or has taken drugs to such an extent that that his mental and physical abilities are impaired and they no longer have the ability to operate the vehicle with the caution characteristic of a sober person under the same or similar circumstances. Defense to the criminal charges may arise from different areas, and consultation with a DUI defense lawyer is critical to determine which may apply in a given case. Other defenses relate to the reliability of the chemical test results. Some people, for example, are simply not suitable candidates for breath testing due to dental problems, which trap alcohol in the mouth and create falsely high breath test results. Others suffer from medical conditions such as persistent heartburn (GERD), which can cause falsely high readings in breath tests. It takes between a millionth and a billionth of a fluid ounce of alcohol to register a .10 on the breath test machines. This is above the legal limit in every state, and can result in a criminal conviction unless fully explored by a qualified DUI or DWI defense lawyer. |
