In all criminal cases, it is the prosecutor’s job to prove beyond reasonable doubt that the defendant is guilty of the crime he or she is charged with. It is the prosecution’s job to determine probable cause, properly reconstruct the act, find evidence in support of their theories, and persuade the court that the defendant has done the crime for the reason that they’ve stated using the methods they’ve laid out. This principle is known as the ‘burden of proof’ , and is the primary driving force behind the prosecutor’s job.
DUI cases in Las Vegas are no different. It is the prosecution’s job to prove that you were intoxicated while you were driving, and/or your inebriated driving caused you to commit another criminal act. There are many factors that prosecutors look into to ensure your guilt. For now, let’s review a few of the more common factors that the prosecution needs to get a dui conviction in Las Vegas.
The Driving Factor
DUI charges are motorist-centric crimes; you can’t pin a drunk driving charge on somebody if they’re not at the wheel of the vehicle during the act, after all. This is one of the first aspects that the prosecution will look into and confirm with the arresting officer. They can also look at other witnesses who can attest to whether or not the defendant was driving first and foremost, before they look into whether or not the defendant was drunk at the time.
This may seem straightforward, but it does not apply to all cases. For instance, the defendant may have been involved in an alleged DUI collision, and law enforcement may only be arriving to respond and have not witnessed the act firsthand. There may or may not be other witnesses at the time of the act as well, which leaves only two alternatives: the defendant admits they were driving, or the prosecution finds circumstantial evidence that proves it. For most DUI cases where no first-hand witnesses are available, the prosecution would look for circumstantial evidence like the defendant’s proximity to/location in the vehicle, the presence of car keys, the state of the engine at the time of the arrest, the defendant’s state of wakefulness, and so on.
The Roadway Factor
One of the deciding factors that commences a DUI trial is the location of the act; it is the prosecution’s job to prove that the drunk driving incident happened on a public road. It is listed in the Nevada Revised Statutes as a prerequisite for a DUI charge. You might notice that most drunk driving incidents that go to trial happened on highways, interstate roads, and city routes.
However, you must be wary about using this aspect to defend yourself against a drunk driving conviction. Note that the actual wording for this statute is ‘a road on which the public has access’. This means that, as long as most people can use the roadway freely, it counts as a ‘road with public access’. This means that even private parkways in exclusive residential areas can still be considered as public roads, and there is a chance that getting arrested there will open you up to a DUI conviction.
The Intoxication Factor
Above all else, the prosecution must prove that the defendant was inebriated during the alleged instance of the act to get their conviction. This often involves citing data from blood and breathalyzer tests taken during or after the arrest. Remember that the defendant’s blood alcohol content should only breach the 0.08 limit to increase the chances of, if not outright lead to, a criminal conviction.
What if the tests were taken after the alleged act of drunk driving? In such situations, the prosecution would conduct a retrograde extrapolation: tracking back using inferences from the delated BAC test and circumstantial evidence to assess how much alcohol the defendant still had in his or her body during the instance of the crime. In many other instances, expert witnesses are also called in to elaborate on the findings and prove that they are accurate even if they were not taken immediately.
DUI charges in Las Vegas are complex, and can involve many other factors that can land you in prison for a long time. However, if you understand these aspects and know how to defend agaisnt them, you are sure to get a not guilty verdict, or an outright dismissal. Never forget to consult with a veteran criminal defense attorney in Las Vegas before tackling a DUI complaint.