When you get confined for driving while intoxicated, it’s quite common for the prosecution to file two DWI charges against you
- Based on the amount of alcohol or drugs you have in your system, and
- Based on the level of impairment.
But, how can they charge you twice for a singular crime? Are they different in any sense?
Well, the idea of filing two different felonies isn’t about punishing or convicting you for both.
As each of them is different yet viable for the same, the prosecution hopes that at least one or the other will stick. And, even if you get convicted for both of them, you’ll only be punished for one. There’s no two ways about it.
The Core Elements OF A DWI Felony
The prosecution team must prove a reasonable doubt to move a dwi in KC Mo into trial. For example, they’ll have to demonstrate that you were –
- Under the influence of drugs or alcohol, and
- Driving a car or vehicle in such a condition.
Depending on the state you’re living in, the prosecutor may also have to prove that you were driving on a public road. The case won’t stand if you were on a private street.
Anyway, let’s move onto our topic and talk about what they need to prove for the felony.
Must Prove – 1: You Were Under The Influence
It can be proved through two different proceedings – Impairment DUI and Per Se DUI. Here’s how they generally work.
- With a Per Se DUI proceeding, the prosecutor must prove that you were driving with a certain amount of alcohol in your body. However, the proof of you being impaired due to the same isn’t necessary anymore.
- Conversely, an Impairment DUI can only be proven when the prosecutor is perfectly able to demonstrate that you were stoned while driving. Although it’s a little trickier to prove than the former, this type of DUI comes with a greater penalty.
Must Prove – 2: The “Driving” Element
Despite the name “driving while intoxicated,” you may get arrested by the authorities even if you weren’t driving at all. However, in this case, the judge will consider a few aspects, like –
- Whether you were asleep or awake when the police showed up.
- Whether the motor of the car was running.
- The location of the keys of the vehicle, and
- How close you were to the steering wheel.
In essence, the closer you were to being capable of driving the car, the higher your chance of getting convicted will be.
Must Prove – 3: The Public Street Element
In some states, you’ll be prohibited from driving under influence nearly anywhere within the location. These, in turn, make it much easier for the prosecutors to frame you, as they’ll only have to show that you were within the state border while being intoxicated.
Nonetheless, fortunately, in other states, this law will only be applicable for public streets or places. Hence, as the defendant, you’ll need to focus on that and that only.
How Do You Counter A DWI Charge?
When it comes to tackling a DWI charge, the first thing you should do is hire a lawyer. With their experience and expertise, they’ll perform a close inspection of the case and may suggest you the following counter tips.
- Find an error or two in the breathalyzer report.
- Discover a sense of misconduct in the police report or their behavior.
- Any innocent reasoning for the DUI symptom.
- Lack of psychological impairment.
- Mistake of the assertive facts related to the case.
- Interference with radio frequency.
- DUI with zero proof related to driving.
Apart from this, you may also try to find a tinge of inaccuracy in the field sobriety test. But, for that, you’ll need to work with a doctor and a lawyer accordingly. Also, learning about the law of the related state will be essential for you in this aspect.
Just ensure to offer the right information when you’re talking to your attorney. It’s important for them to know the truth regarding the case. Otherwise, they won’t be able to create a plan accordingly and offer the right suggestions.