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How a California Jury Can Find You Guilty of DUI

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, click here.

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!

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.