| There are several defenses available to people who | | | | characteristic of a sober person under the same or |
| are accused of driving under the influence. Since the | | | | similar circumstances.Defense to the criminal charges |
| prosecution has the burden of proving each and every | | | | may arise from different areas, and consultation with a |
| element of the case beyond a reasonable doubt, the | | | | DUI defense lawyer is critical to determine which may |
| defendant need only create reasonable doubt in one | | | | apply in a given case.Other defenses relate to the |
| area in order to prevail against a drunk driving | | | | reliability of the chemical test results. Some people, for |
| charge.A person is not necessarily guilty if the machine | | | | example, are simply not suitable candidates for breath |
| says he is above the legal limit. There are many | | | | testing due to dental problems, which trap alcohol in the |
| defenses to DUI or DWI cases, and these should be | | | | mouth and create falsely high breath test results. |
| explored before even considering pleading guilty to DUI | | | | Others suffer from medical conditions such as |
| or a related drunk-driving offense.It is usually legal to | | | | persistent heartburn (GERD), which can cause falsely |
| drink and drive, but if the driver is under the influence | | | | high readings in breath tests. It takes between a |
| then it becomes illegal. In different states, under the | | | | millionth and a billionth of a fluid ounce of alcohol to |
| influence is defined differently, but generally it refers to | | | | register a .10 on the breath test machines. This is |
| those cases in which the driver is drunk or has taken | | | | above the legal limit in every state, and can result in a |
| drugs to such an extent that that his mental and | | | | criminal conviction unless fully explored by a qualified |
| physical abilities are impaired and they no longer have | | | | DUI or DWI defense lawyer. |
| the ability to operate the vehicle with the caution | | | | |