DUI Elements: Alcohol
By: Darren Kavinoky | Posted: 07th June 2006
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:
Driving: The defendant had to be driving at the time alleged to have been intoxicated.
Vehicle: The defendant had to be driving a vehicle, as defined by the California Vehicle Code.
Under the Influence: The defendant had to be "under the influence" of alcohol at the time of driving.
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.
About the Author
Occupation: Lawyer
Darren Kavinoky is a Los Angeles-based criminal defense lawyer who practices throughout California. He is the Managing Shareholder of The Kavinoky Law Firm, an 11-lawyer criminal defense firm that handles criminal defense matters exclusively. Darren has provided legal commentary on Larry King Live, the Today Show, Celebrity Justice and many other TV and radio programs. He is a nationally-renowned lecturer and author who delights in sharing his experience with others. More information about Darren and The Kavinoky Law Firm can be found at http://www.nocuffs.com or www.Californiaduihelp.com and www.gotadui.com.
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Tags: elements, defendant, conviction, driving under the influence, prosecution, alcoholic beverage, bac, reasonable doubt, blood alcohol content