What Does the Prosecutor Have to Prove for a DUI Conviction?

In Florida, a first-time DUI is a misdemeanor crime. There are essentially two elements that a prosecutor must prove when trying to convict you of a DUI. The first is that you were in actual physical control of the vehicle or you were driving the vehicle or have the ability to drive the vehicle. The second is that you were impaired.

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Now the first element is usually somewhat of a formality because most DUI arrests happen by either an officer pulling an individual over because they've committed some type of traffic infraction and then they start a DUI investigation once they make contact with the driver OR they witness the driving pattern of the vehicle and pull it over to check on the driver for safety or to see if they're impaired. Once they've made that initial stop, they generally will approach the vehicle, they'll be able to identify the driver, and place you in actual physical control of the vehicle.

Now there are some circumstances where that first element can be in question in whether you were actually driving or in actual physical control. But in most DUI cases, that first element is relatively easy for a prosecutor to prove because, like I said, most officers are able to place you right there on the scene as the person behind the wheel.

The second element that a prosecutor must prove is that you were impaired. Now, prosecutors will generally rely on two things when trying to prove impairment when they're trying to convict somebody of a DUI. The first is, if you did take a breath test, they're going to look at your breath test reading. If you're above a .08, they're going to argue that you were impaired which is proven by the test results. They'll also rely on the field sobriety test. But neither one of these two situations, the breath test and the field sobriety test, are conclusive proof or slam-dunks for prosecutors when trying to prove that second element of impairment.

There's somewhat of a gray area; each case is different. We need to evaluate your performance on the field sobriety test, we need to take a look at your breathalyzer reading, and if a prosecutor cannot satisfy or cannot prove both those elements, then they cannot convict you of a DUI.

But each case if different. Give us a call; we'll take a look at it. We'd like to start working for you, seeing what issues we can raise when representing you and fighting for you.

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