San Francisco DUI Lawyer California DMV Hearing Attorney

• Introduction
• What To Do First
• Elements of the Offense
  • Driving
  • The Vehicle
  • Under the Influence
  • Violation of the Per Se Law
• BAC Calculator
• Misdemeanor DUI Case
• Criminal Jury Trial
• Criminal Court Punishment
• Alternative Sentencing
• Sentencing Enhancements
• Refusal Cases
• Felony DUI Case
• Medication Cases
• Drug Cases
• Federal DUI Case
• Out-of-State Drivers
• Drowsy Driving
• Post-Conviction Relief
• Ignition Interlock Devices
• Motorcycles, Boats, Planes
• California Highway Patrol
• California DUI Resources

The Vehicle

If a prosecutor doesn't prove each and every element of a crime beyond a reasonable doubt, he or she cannot obtain a conviction. When it comes to driving under the influence of alcohol or drugs, the prosecutor must prove that the motorist was driving a vehicle while under the influence of alcohol or other drugs, or violated the state's per se laws, meaning he or she had a blood alcohol content (BAC) of .08 percent or greater.

Therefore, in addition to proving that a driver was under the influence, the prosecutor must also establish that the accused was in fact driving a "vehicle." If the prosecutor cannot prove that the motorist was driving a vehicle, there can be no conviction for driving under the influence. A skilled Northern California DUI defense attorney will develop a plan to create reasonable doubt in one or more elements of the offense.

It's important to keep in mind that our system of justice requires that each juror be convinced of the defendant's guilt beyond a reasonable doubt on each element of the offense. If even one juror finds reasonable doubt with even one element of the offense, the jury cannot convict. If one or more jurors are not convinced of the defendant's guilt on any element of the offense, the case often ends in a hung jury. This is good news for the defendant, because the prosecutor often opts not to retry the case.

How a "vehicle" is defined varies from state to state. The California Vehicle Code defines the term "vehicle" as "a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks." This includes automobiles, trucks, mopeds, scooters, motorcycles, and bulldozers.

California's definition of vehicles doesn't include bicycles, horses, and airplanes; however, riding or operating them under the influence of alcohol is illegal under separate statutes.

An attorney who knows how to address each and every element of a DUI case will develop a plan to help an accused driver avoid consequences. Anyone facing charges of drinking and driving or driving under the influence of drugs (DUID) should consult with a California criminal defense lawyer who focuses on defending driving under the influence cases.

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