Denver DUI lawyer / elements of drunk driving offenses

In the past, I've talked about one concern of Denver DUI lawyers, which is that there is no particular number to be convicted of DUI. For both DUI and DWAI, the breath test can be used as evidence against the defendant. However, there doesn't even have to be a breath test to be convicted of either one. Instead, the way it works (as with most crimes) is that these offenses are made up of a series of elements. The prosecution has to prove these elements beyond a reasonable doubt. If your Denver DUI lawyer manages to show that any of the elements were not proven, the jury or judge must acquit.

Generally, a DUI or DWAI has a few elements. The first couple are essentially generic to every crime:

(1) This defendant (meaning the person who is charged with the crime must be the guy who did it. Showing that it was someone else who was driving drunk will get you acquitted for good reason).

(2) In this jurisdiction (meaning it happened in the county where it is charged. Typically this is not fatal to the case. A case can simply be transferred to the county where it occurred should your Denver DUI lawyer choose to contest it).

(3) Operated a vehicle. This can be somewhat complex, as the definition of vehicle can vary somewhat. Also, the definition of operating is not necessarily what you might think it is. I plan on writing about this later in this blog. Still, in most cases the person is driving a car and is pulled over. That's a fairly clear cut situation and it is difficult to contest.

(4) This is where we get to intoxicants. Essentially, there are two requirements here. First, the defendant must have consumed some intoxicants. This can be alcohol but can also be other drugs. Second, the defendant must surpass some level of intoxication. For DUIs, this means he was substantially incapable of excercising clear judgment or motor skills to competently or safely operate the vehicle. That basically means you have to be pretty damn swishy to get a DUI. For DWAIs, you only need to be impaired to the "slightest degree" so you can't operate the vehicle as well as you would if you were sober.

Usually a drunk driving charge comes down to the element in part four here. However, if you and your lawyer can prove that ANY of these elements was not present, or if the prosecution fails to prove any of them beyond a reasonable doubt, the judge or jury must acquit.