What are the common elements of a DWI defense case?

In California, the common elements of a Driving Under the Influence (DUI) defense case are typically issues of fact, field sobriety tests, blood alcohol level, the legal limit, the driver’s mental state, physical condition, and actual impairment. Fact issues may include whether the driver was actually driving, and how the police officer established that the driver was driving. Additionally, fact issues will involve the police officer’s statements and the observations made that led to the stop. The field sobriety tests that may be conducted by the officer, such as walking a straight line or standing on one leg, will also be examined. Another element considered in a DUI defense case is the driver’s blood alcohol level. California has adopted a per se law which makes it illegal for any person to drive with a blood alcohol level of 0.08% or higher. The legal limit is the same for all drivers, regardless of age or experience. California also requires that a driver be impaired by alcohol or drugs in order to be convicted of a DUI. To do so, the prosecution must prove that the driver’s mental or physical condition was impaired by the alcohol or drugs. The prosecution may use the results of the blood alcohol level, field sobriety tests, and evidence of bad driving as evidence of actual impairment. Ultimately, in California, the common elements of a DUI defense case involve examining the facts, field sobriety tests, blood alcohol level, legal limit, driver’s mental state, physical condition, and actual impairment.

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What are the common elements of a DWI defense case?

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