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