I always recommend hiring an experienced criminal defense lawyer when charged with any crime to make sure that if an accused must plead guilty, the accused is satisfied  that the prosecution can indeed prove beyond a reasonable doubt all of the elements of the offenses.

 

When you are arrested for driving under the influence you are charged with a violation of California Vehicle Code section 23152(a) (Driving under the Influence) and California Vehicle Code section 23152(b) (Driving with a blood alcohol content of 0.08% or higher)  Here are the elements of the offenses that the prosecution must prove beyond a reasonable doubt.

In order to be convicted of a violation of California Penal Code section 23152(a) the prosecution must prove beyond a reasonable doubt that:

  1. The driver drove a vehicle;

AND

  1. When the driver drove, the driver was under the influence of an alcoholic beverage or a drug or under the combined influence of an alcoholic beverage and a drug.

California Courts have held that a person is under the influence if, as a result of either drinking or consuming an alcoholic beverage and or taking a drug, the driver’s mental or physical abilities are so impaired that the driver is no longer able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances.

In order to be convicted of a violation of California Penal Code section 23152(b) the prosecution must prove beyond a reasonable doubt that:

  1. The driver drove a vehicle;

AND

  1. When the driver drove, the driver’s blood alcohol level was 0.08 percent or more by weight.

If the Prosecution have proved beyond a reasonable doubt that a sample of the driver’s blood, breath or urine was taken within three hours of the driver’s alleged driving and that a chemical analysis of the sample showed a blood alcohol level of 0.08 percent or more, the jury  may, but is not required to, conclude that the driver’s blood alcohol level was 0.08 percent or more at the time of the alleged offense.

 

So If I know I was over the limit, why get a lawyer?

What if No One saw me driving, or there was an accident, what should I do?