DUI Involving Death & Proving Intoxication

Posted by Phillip CrawfordJun 28, 2023

To convict a driver of Vehicular Homicide while Intoxicated, one of the things the prosecutor needs to prove is that the driver was intoxicated.  There are two ways to prove intoxication:

1. By proving that the driver had a blood alcohol content of 0.08% or higher at the time of driving.

2. By proving that the driver was “under the influence” of alcohol and/or a drug at the time of driving.

A person is “under the influence” when, as the result of consuming alcohol and/or a drug, the person's physical or mental abilities are impaired to such a degree that the driver is no longer able to drive the vehicle with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances. Or, to put it simply, the person was too drunk, stoned, or high to drive safely.

Proof that someone is “under the influence” is established by circumstantial evidence.  The prosecutor may use evidence of poor driving, the driver's performance on field sobriety tests, and the driver's speech, demeanor,  coordination, etc. to show that the person was too impaired to drive safely. 

A skilled DUI lawyer can challenge the prosecutor during every step in this process including that you were driving with an alcohol level of .08% or higher.

Call Phillip Crawford today for a confidential discussion about your case.