DUI Elements: Alcohol by Darren Kavinoky

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DUI Elements: Alcohol
by Darren Kavinoky

DUI Elements: Alcohol

To obtain a conviction for driving under the influence, the prosecution must prove that the defendant drove a vehicle while under the influence of any alcoholic beverage.
Specifically, the elements are:
刋 Driving: The defendant had to be driving at the time alleged to have been intoxicated.
刋 Vehicle: The defendant had to be driving a vehicle, as defined by the California Vehicle Code.
刋 Under the Influence: The defendant had to be ¨under the influence〃 of alcohol at the time of driving.
刋 Alcoholic Beverage: The defendant had to be intoxicated by a substance defined as an alcoholic beverage.
Per Se Rule:
Where the evidence establishes beyond a reasonable doubt that a chemical analysis of the defendant's blood, breath, or urine established that the defendant had a blood alcohol content (BAC) at or above .08% at the time the test was performed, the trier of fact may, but need not, infer that the defendant was under the influence of an alcoholic beverage at the time of the alleged offense.

Author's Biography:

Darren Kavinoky is the founding partner of The Kavinoky Law Firm, a

criminal defense law firm with six offices throughout California. The

attorneys of the firm take pride in their constant continuing legal

education and unparalleled one-on-one client service. Every attorney at

the firm particpates in ten times the amount of education required by

the state bar.

In addition, the attorneys provide each client with a personal cell

phone number, and they make themselves available to clients at all

times. The attorneys of The Kavinoky Law Firm understand that there is

only one case that matters to you: yours! They are dedicated to treating

each client with personal service to ensure satisfaction.

Darren has defended numerous high-profile clients, developed key

relationships with media leaders, and earned public support for clients