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