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

Drunk Driving

Prosecutors must prove every element of a California Driving Under the Influence (DUI), or Driving While Intoxicated (DWI) offense, as in any criminal case, beyond a reasonable doubt in order to get a conviction. In California, the elements of the Driving Under the Influence (DUI), or Driving While Intoxicated (DWI) offense are driving a vehicle while under the influence, or in violation of the "per se" laws. Therefore, in order to obtain a conviction in a California DUI case, the prosecutor must prove beyond a reasonable doubt that the defendant was in fact driving a vehicle while under the influence of alcohol or drugs.

The prosecutor's burden isn't limited to the offense of drunk driving. In California justice system, the prosecutor bears the burden of proving each and every element of driving under the influence (DUI), or driving while intoxicated (DWI) offense, as in any criminal case, beyond a reasonable doubt. When reasonable doubt exists regarding any element of the crime charged, the accused must be found not guilty. If it cannot be proven that the act of driving took place, a DUI case will fall apart.

For the California Department of Motor Vehicles (DMV) to suspend a driver's license, it is not enough for the officer to assume the car was being driven – he or she must actually see the car in motion. The legal standard for purposes of the California Department of Motor Vehicles action is that some “volitional movement” must be observed. The police officer’s assumption that the driver was operating the motor vehicle is circumstantial evidence, and cannot be considered at the DMV Administrative Per Se (APS) hearing.

However, circumstantial evidence can be considered in a criminal DUI court case. An officer can testify that the vehicle's hood was warm to the touch, or that keys were in the ignition, and that offers circumstantial proof that the car was driven. However, an experienced California DUI defense lawyer will seek to create reasonable doubt and can demonstrate that circumstantial evidence does not prove one or more elements of the DUI offense, which will result in a favorable outcome for the client.

In order to obtain a conviction in a California driving under the influence (DUI) case, a prosecutor must prove each element of the DUI offense, including whether or not the defendant was actually "driving" the vehicle. A California criminal defense attorney with experience in defending DUI cases has the skill to effectively attack both direct and circumstantial evidence of the “driving” element of the DUI offense.

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