Prosecution of West Palm Beach DUIs
The prosecution of West Palm Beach DUIs is done vigorously for the simple reason that it is politically savvy to do so. DUIs, from the government’s perspective, have the potential to cause devastating injury or damage to another person or property, there are interest groups such as Mothers Against Drunk Driving, Students Against Drunk Driving, and other substance abuse-related and public policy organizations that monitor these cases and push the prosecution and law enforcement to enforce these laws and to prosecute them. In being vigilant, the government is looking out for their interests, which is why if you have been charged with a DUI, you need someone who can look out for yours. A determined DUI lawyer can fight just aggressively in an attempt to protect your rights, and ensure that you receive a fair trial.
Reasons for the Prosecution’s Vigilance
The government in West Palm Beach often prosecutes these cases fully unless they think they are going to lose because they do not want to appear to be taking a loose stance on prosecution drunk driving offenses. The vigilant prosecution of West Palm Beach DUIs is important because of the government’s conviction rate, but it also is a matter of responsibility. If the prosecution were to be lenient in these cases and let someone go and that person later committed a second subsequent offense where someone else was hurt or their property was damaged, politically, it would come back to the prosecutor’s office. Politically, they are looking to make the case look as if they did everything they could to get the best possible result for the people of the State of Florida in West Palm Beach. They will prosecute vigorously with that in mind.
Elements the Prosecution Must Prove
During the prosecution of West Palm Beach DUIs, a prosecutor must prove several things. A prosecutor must prove that there was a reason for law enforcement to have contact with the person in the first place and that, based on that contact, there was evidence to suspect that the person might be guilty of a DUI. Then, that gives the officers a reason to stop and arrest the person.
Once the case gets to court, the prosecutor must prove that the person was driving or in actual physical control of a motor vehicle to the extent that either the person’s normal faculties were impaired while they were driving or that the person had an unlawful blood alcohol level at the time that they were driving.
Normal faculties in Florida are defined as the ability to walk, talk, judge distances, drive a motor vehicle, and make everyday ordinary decisions that the person has to make in their life, in order to avoid harming anyone or damaging property. Impairment means that those normal faculties were weakened or lessened by the person’s consumption of either alcohol or a controlled substance such as an illegal substance or a prescribed narcotic. Having an unlawful blood alcohol level means that the person had a blood alcohol level of 0.08 or higher. That level will typically be determined by a breath test, sometimes a blood test, or that the person was under the influence of illegal controlled substances. That would be determined by a urine test and toxicology report.
Value of a West Palm Beach DUI Attorney
If you have been charged with a DUI, it is imperative that you consult an experienced DUI attorney. The prosecution of West Palm Beach DUIs is taken quite seriously, and you could face severe consequences for this offense. A DUI lawyer understands what is on the line and can try to devote the time and resources necessary to building a solid defense for you. Work with a determined criminal defense attorney that can fight for a positive outcome for you.