Driving under the influence is a terrible crime that results in not only jail time but also one has to pay a huge penalty if he has been proven guilty. It is important that the prosecutor establishes reasonable doubt to get the defendant out of the charges. Driving under the influence is not a simple case; therefore, there are a lot of intricacies that one has to cater to and think about. However, when there is a criminal charge based on driving under the influence has been generated, then the evidence needs to be strong enough to ensure the charges are weak. However, if the evidence is itself weak, then the prosecutor can definitely not work on these elements to get the defendant out of trouble and the charge.
What are the elements of DUI?
You would be wondering what elements are included in DUI or driving under the influence. For the prosecutor to create a reasonable doubt and to get the defendant out of the charges, he has to prove that the particular defender was not driving the car under the influence or if he or she was driving a car, he must have had BAC of more than 0.08%.
One major element is proving the defendant was actually driving.
In most cases, when the policeman arrests a defendant, he makes sure that the defendant is driving the vehicle. However, in some cases, when the police have not seen the defendant driving, the case can be weak, and the evidence will be required to prove the charges. If that is the case, the prosecution will help in getting you out of the charges. Moreover, there can be a case of a DUI collision when a particular police officer was not available when the collision happened. In this case, the witness is the only option to rely on. Based on the witness statement, the charges can be dropped, or the penalty will need to be served, And the individual will be convicted. However, in most cases, when there is absolutely no witness, the defence might have a strong point to prove.
Proving the defendant is under the influence.
The breath test is taken to prove the particular individual, or the defendant was under the influence at the time of the arrest. To be sure blood test is taken out so that the attorney and prosecution have a clear view of whether or not the individual was under the influence, and it is also important if you are trying to get away from the charges of driving under the influence you get your blood test done beforehand so that there is a clear picture of if the defender is under substance abuse or not.
However, in some cases, when there is refused testing, the prosecution will have a greater chance to prove the charges. Someone who is trying to get away with DUI charges need to understand how to cope with the DUI charges and how can raising of reasonable doubt in DUI cases works for him.
Moreover, you can also get in touch with Brampton criminal lawyers to help you a little more regarding what to do and how to move forward in case of DUI charges.
