Every year, you’ll find over a million drivers have been arrested for DUI. While not every person arrested is convicted, a large portion of them are. If you were arrested for DUI, you might have some questions regarding your situation. For example, who files the DUI arrest charges?
The District Attorney’s Role
After you have been arrested for DUI, the district attorney’s office is the entity that files charges against you. The DA will collect evidence from the officer, as well as any other evidence needed to prove you should be convicted. You could be charged for per se DUI, or you could be charged based on the degree of impairment.
The Proof Needed
The DA’s office will need to prove a few things before you can be convicted of DUI. If they are unsuccessful, you could walk away from the whole situation without facing a penalty. The following facts are needed to prove DUI.
- Proof you were under the influence at the time of your arrest. The prosecution can prove you were under the influence by offering up a BAC test that shows you were above the legal limit, or higher than .08%. Other tests could also be proof you were stoned or drunk, which would help with an impairment charge.
- Proof you were operating a vehicle. Sometimes people are convicted of DUI even when they actually didn’t drive the car. Being in the driver’s seat when you’re found drunk could be proof enough to suggest you were operating a vehicle. Some other factors a judge might look at include whether you were asleep or awake when found, if you had the keys in your hand, if the car was running and other similar facts.
- Proof you were on a public roadway. Not every state requires proof you were on a public roadway, but there is a large handful that do require it. If the general public had access to the road you were on, even if you were the only driver there at the time, it could be proof enough.
Some Possible Penalties
The penalties you could face for DUI largely depend on your personal situation. Every driver arrested for DUI is going to have his or her own set of circumstances that a judge will look at. Some possible penalties include jail time, license suspension, fines, probation and community service.
Gaining the Support You Need
If you were arrested for DUI, it could do you well to have an attorney on your side. Do not hesitate to set up a consultation with a criminal justice lawyer, like the ones at May Law, LLP, as soon as possible. The sooner that you begin the process, the more time you will have to build a solid case.