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DUI Case - Burden of Proof

Many jurors are confused by the burden of proof in a DUI case. They ask, what does "proof beyond a reasonable doubt" really mean? Let me give you my test. You enter the courtroom and the defendant sits all through opening arguments, the presentation of evidence and finally closing arguments with a hood covering his identity. You deliberate and give your decision to the judge, who then reads it out loud in the courtroom. As the hood is lifted from the head of the accused, you see the person accused is your son or daughter. If you still are satisfied that you did the right thing, and then you know for sure that you were convinced "beyond a reasonable doubt." In making this important decision it is important to always remember: This is a criminal case and a citizen may end up in jail for six months, lose his job and suffer the disgrace of a criminal conviction because of your decision in his trial. As a lawyer, I am not allowed to tell you during the trial about the penalty my client will suffer, but now I can, and I think you should know. Before I leave the subject of jurors and DUI, let me comment on a common point of confusion.

Unlike other crimes, those accused of DUI almost always are charged with two violations, Driving Under Influence of Alcohol or Drugs 23152A and 23152B. The "B" charge is driving with a blood alcohol level of 0.08 percent or more in one's blood.

The "A" charge is driving with enough alcohol in your system so you no longer have the ability to drive your car as a reasonable and prudent person would. Many times a juror who is not quite convinced will decide to split the difference and find the citizen guilty of the 23152 A but not guilty of 23152B, figuring the citizen on trial will get a lesser sentence. The fact is that the citizen will get the full sentence of up to six months in county jail if you find him guilty of either count. So don't be misled.

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