A DUI (driving under the influence) charge is one of the most dreaded charges by motorists. Fortunately, not every DUI arrest leads to a conviction. The prosecution has to prove a number of things to get you convicted. Below are some of the most critical.
Driving
The word is driving, but the meaning is not that literal. In everyday language, you probably know that driving is the operation of a moving vehicle. However, when it comes to DUI laws, the term has a much broader meaning.
You can be arrested and charged with DUI even when the vehicle is not moving. For example, you can be arrested for DUI while sitting in the driver's seat with the keys in the ignition. You can also be arrested for DUI while pushing your car. The rationale is that DUI laws should prevent you from operating a vehicle, and anything that shows that you are about to or have just operated a vehicle counts.
Secondly, the meaning of a vehicle is quite broad when it comes to DUI laws. It is not restricted to the vehicles you are used to such as SUVs, saloons, and trucks. At the very least, the meaning encompasses all machines with an engine that can move. This includes golf carts, forklifts, and even snowmobiles. Some jurisdictions even stretch the meaning to include things that don't have engines, such as bicycles and horses.
Intoxication
Many people get arrested for DUIs after drinking alcohol. However, alcohol is not the only intoxicating substance that can trigger DUI charges. The authorities will charge you with a DUI as long as you are intoxicated and your driving is impaired; the identity of the substance that has intoxicated you doesn't matter.
This means you can be charged with DUI if you are high on legal marijuana, if you have taken prescription drugs, or if you have used other intoxicating substances. DUI laws are not meant to control the use of drugs; they are meant to prevent impaired driving.
Your demeanor, actions, and physical appearance can all be used to show your level of intoxication during a traffic stop. For example, staggering, having bloodshot eyes, and having slurred speech are all indicators of intoxication. Those preliminary indicators of intoxication can be confirmed by breath tests, blood tests, and even urine tests.
As you can see, it is easy to misunderstand the required proof when dealing with a DUI charge. The best thing is to consult a DUI attorney to help you with the defense.
Gor more information, visit a site like http://www.chichesterlaw.com.
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