In many states, a DUI / DWI arrest results in two separate criminal charges – driving while impaired, and having a blood alcohol content (BAC) that exceeds .08 percent. However, in Florida, the two accusations are combined into a single charge of driving under the influence. The prosecutor does not need to prove both elements in order to get a conviction. If the jury is convinced beyond a reasonable doubt of either allegation, the driver will be convicted. Because the stakes are so high in a drunk driving prosecution, it’s important to have skilled legal representation. DUI / DWI criminal defense attorney Michael J. Kessler will devise an aggressive strategy to fight both allegations.

The allegation of driving under the influence focuses on whether the motorist was mentally or physically impaired as the result of consuming alcohol, drugs (DUID), or a combination of alcohol and drugs.  A driver is considered under the influence if he or she is impaired to such a degree that he no longer has the ability to drive a vehicle with the caution characteristic of a sober person under the same or similar circumstances.

 The allegation of driving under the influence is proven largely through circumstantial evidence. Circumstantial evidence differs from direct evidence in one key way – circumstantial evidence merely implies that something is true.  The prosecutor will attempt to introduce evidence such as the motorist’s field sobriety test results, driving patterns, and other observations made by the arresting officer. The prosecutor also will introduce the driver’s chemical test results.

Although the prosecutor will introduce a great deal of evidence that suggests the driver was impaired, that evidence can be effectively challenged. Much of the evidence offered to support the allegation of driving under the influence focuses on physical impairment. To understand how this evidence can be challenged, it’s useful to understand how alcohol affects the human body.

Although alcohol causes both mental and physical impairment, mental impairment always occurs first.  Therefore, physical impairment alone is not evidence of being under the influence. If a motorist showed physical difficulties, but no mental impairment, then the impairment must be coming from a source other than alcohol.  Physical impairment can stem from many sources other than alcohol intoxication.

For example, an arresting officer may testify about a driver’s red and watery eyes, or inability to stand on one foot, as indicators that the motorist was impaired. However, irritated eyes can be caused by many factors – fatigue, allergies, air pollution, etc. An inability to stand on one foot may be caused by an injury, or just poor balance.