In a DUI or DWI case, the prosecution must prove two main things: 1) the person being charged (the “defendant”) drove a vehicle and 2) at the same time, the defendant was “under the influence”; meaning that the person’s ability to drive safely was affected to an appreciable degree by drinking alcohol, taking a drug, or a combination of alcohol and drugs.
In a DUI or DWI case, a defense can be anything that proves one of these two elements wrong, and thus prevents the prosecution from proving its case. A defense might also prevent the prosecution from introducing evidence at trial, which reduces the prosecution’s ability to prove its case.
DUI/ DWI laws are strict and can carry severe penalties and punishments that an experienced attorney can work to eliminate or reduce.
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