For those who are first coming into contact with the criminal justice system in the context of a DUI charge, there can be a lot of questions. How will this affect my life, my job, my family? How much will it cost me? Will I go to jail? These and other questions may arise. One important question that can and should come up, though, is: does the government have enough evidence to convict me of DUI?

Simply because an individual is cited for DUI doesn’t mean the government will press charges. It depends on the circumstances of the case and the discretion of the prosecutor handling the case. If charges are filed, one then has to face those charges in court and it is important to work with an experienced attorney to ensure that one has the strongest possible defense.

Under Alabama’s DUI statute, there are various grounds on which an individual may be convicted of DUI. Driving under the influence of alcohol is one such ground. Driving under the influence of a control substance to the extent that it makes the individual incapable of driving safely is another. Another ground is the operation of a motor vehicle with a blood alcohol content of 0.08 percent.

Each of these grounds is proven a little differently. For example, proving that a driver was under the influence of alcohol at the time of the arrest is going to be proven a little differently than driving under the influence of a controlled substance to the extent that the individual was unable to drive safely. By the same token, proving a 0.08 blood alcohol concentration involves its own unique challenges and issues.

In our next post, we’ll keep looking at this topic and why it is important for those facing drunken driving charges to work with an experienced criminal defense attorney to build the strongest possible case.