Elements of a DUI Offense

While each state may have varying statutes covering DUI charges, the main elements that authorities must prove in order for someone to get a drunk driving conviction. First, states must classify what driving under the influence means under the law. Generally, this is understood as bad driving, such as swerving or an accident, combined with the presence of alcohol in the driver. Talk with a DUI Offense Attorney in Irvine, CA to discuss your case and ask questions that you may have. Some states, however, have added “per se” DUI offenses, meaning that even if you didn’t drive poorly, you can still be convicted of a DUI if your blood alcohol content (BAC) is above a certain limit. Make sure to discuss your case with an experienced DUI Attorney in Orange County. You can do that by calling the Law Offices of Kapesh V. Patel at (949) 440-3240 for a Free Consultation.

The next major elements of a DUI are the driving and the intoxication. While it may seem straightforward to prove someone was driving, there are some gray areas where police don’t arrive until a driver has exited a vehicle, or someone is asleep in a stationary vehicle or using it as a temporary shelter. Proving intoxication can be difficult as well, depending on the particular situation. Usually this comes down to officer testimony about the condition of the driver or the results of a blood or urine test.

Types of DUI Offenses

Not all DUI charges are the same. Depending on your circumstances, a normal drunk driving charge can quickly escalate if certain factors are present. For instance, a normal DUI charge could become an automatic felony if you were driving on a restricted, suspended, or revoked license, or if you have a prior DUI conviction. And charges (and penalties) could increase if there are aggravating factors, such as an extremely high BAC, children present in the vehicle, or if the drunk driving results in injury or death.

Hiring a DUI Attorney

Criminal charges, especially drunk driving charges, can carry serious penalties. An experienced DUI lawyer like Mr. Patel can help you understand and protect your rights as a criminal defendant, as well as assist you in negotiating an appropriate plea bargain or defend you at a possible trial. He has handled countless DUI cases and knows how to protect your rights and ensure that they are properly considered.

The Orange County DUI Offense Attorneys at our offices in Irvine, CA and Riverside, CA are experienced in handling drunken driving cases. Call us at (949) 440-3240 to speak with our California DUI Offense Attorney. Our DUI Offense Lawyers in Irvine offer Free Consultation to new and prospective clients.