Perhaps the scariest aspect of a
DUI case is the uncertainty you face. Besides advising you of your rights and upholding
these at all costs, the San Diego DUI attorney at Mark R. De Yoe, APLC
remains committed to elucidating the
DUI process. If you have been charged with a misdemeanor DUI, you should know about
the instructions given to jury members in these kinds of cases. In order
for a person to be convicted of this offense, the jury must find the defendant
guilty of driving a vehicle while driving under the influence of alcohol or drugs.
What Factors Does the Jury Have to Consider in a DUI Case?
What “under the influence” means.
California defines "under the influence" as when one's mental
and physical abilities are so impaired that the individual is not able
to drive a vehicle with the caution and ordinary care of a sober person.
However, how a person drives is not enough to establish that person was
driving under the influence; a person could swerve or miss a stop sign
if they are tired or simply driving inattentively, for example.
What driving under the influence of “drugs” means.
A drug is defined by California law as "any substance or combination
of substances, other than alcohol, that could so affect the nervous system,
brain, or muscles of a person that it would appreciably impair his or
her ability to drive as an ordinarily caution person…" If
you are interested in learning more about the laws pertaining to driving
while under the influence of drugs in California,
Whether or not proper procedures were followed.
While it is one thing to be charged with a misdemeanor DUI offense, it
is another thing to be found guilty of a misdemeanor DUI. You are innocent
until proven guilty! When can a person be convicted of a misdemeanor DUI?
Vehicle Code, § 23152(a) states that:
“If the people have proved beyond a reasonable doubt that the defendant's
blood alcohol level was 0.08 percent or more at the time of the chemical
analysis, you may, but are not required to, conclude that the defendant
was under the influence of an alcoholic beverage at the time of the alleged
offense. In evaluating any test results in this case, you may consider
whether or not the person administering the test of the agency maintaining
the testing device followed the regulations of the California Department
of Health Services.”
Charged with DUI? Call Mark R. De Yoe 24/7!
If you have been charged with driving under the influence of alcohol or
drugs, or if you have been charged with driving under the combined influence
of alcohol and drugs, you should hire a San Diego DUI lawyer immediately.
Even a misdemeanor DUI conviction can reap harsh, long-term consequences.
Contact Attorney Mark R. De Yoe today to learn more about misdemeanor DUI charges and how to combat them.