The Elements Of A Dui Case
To prove a DUI lawsuit, you should understand the elements of a DUI case.
In California, the state prohibits the act of driving a vehicle on a road or highway while under the influence of alcohol or drugs.
To prove that a driver has committed DUI, the following elements should be established:
The Person should be Driving a Vehicle
The first element that should be established is that the person is actually driving a vehicle.
It does not apply to people who are passengers or those that are inside a parked car.
The courts have identified several factors that indicate if a person accused of DUI; they are the following:
Pictures, videos or tapes that show that the person was driving a vehicle.
Incriminating statements made by the suspected drunk driver.
Testimonies about the unusual driving of suspected drunk driver.
Testimonies about the behavior of the suspected drunken driver.
Testimonies about the suspected drunken drivers performance in a field sobriety test.
The Driver was under the Influence of Alcohol
The next element to be proven is that the driver was under the influence of alcohol while he or she was driving.
The police officers will evaluate the conduct and behavior of the driver to investigate if he or she is under the influence of alcohol.
The police officers can use three methods to determine whether a driver was intoxicated while driving.
The first is through observation. If a police officer notices erratic driving, they will likely stop the driver to find out why he is driving that way.
Examples of erratic driving that may alert officers of a drunken driver are:
Speeding
Failing to stop
Swerving
Driving in low speed
Although the above can be a sign of other traffic offenses like reckless driving, the officers can employ other methods to know if this was a case of DUI.
The next method used by officers is field sobriety tests. These are a series of balance and speech tests that will eventually show the officers signs that the driver was indeed intoxicated.
The most common field sobriety tests include:
Standing on one leg
Walking a straight line heel-to-toe
Reciting the alphabet or other letter/number tests
Checking for pupil enlargement or constriction
Through these tests, the officer will look for signs of intoxication like:
Disheveled clothes
Failure to maintain balance
Flushed face
Glassy or bloodshot eyes
Alcohol smelling breath
Slurred speech
If the driver fails these tests, the officer can make an arrest or ask the driver to undergo the third method, which is the chemical test.
A chemical test measures the blood alcohol content (BAC) of the driver.
A driver is presumed to be under the influence of alcohol if his BAC is .08% or higher.
Getting a Lawyer
To know the intricacies of establishing a personal injuries or wrongful deaths as a result of DUI, you should consult an expert car accident attorney who has a vast experience in handling DUI cases.
by: Mark Dacanay
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