Anchorage, Alaska
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Know Your Rights: The Elements of a DUI Case May 12, 2017

Anchorage, Anchorage County
Know Your Rights: The Elements of a DUI Case, Anchorage, Alaska

When it comes to DUI cases, prosecutors must prove your charges are founded by establishing certain elements. In this case, ensuring your rights are upheld in Anchorage requires the assistance of a skilled and experienced attorney, like those found at the Law Office of Philip Shanahan.

Two decades of experience means you can trust in the criminal defense afforded by this firm, especially when it comes to cases involving DUI. To this end, the following two elements are integral in establishing guilt in a DUI case.

Were You Operating a Vehicle?

DUIFirst, the prosecutor in your DUI case will need to show that you were operating a vehicle at the time of your arrest. While this seems a straightforward concept, depending on the circumstances, proving someone was operating a vehicle can be a challenge. For instance, in some cases only sitting in a car is considered to be operating a motor vehicle, while in many cases the vehicle’s engine is running and the vehicle is moving. Operating a vehicle can also be determined by whether the keys were in your possession, whether the headlights were on, where the car was parked, etc.

Were You Under the Influence of Alcohol?

The second element of DUI case involves whether you were under the influence of alcohol when you were arrested. This is commonly proven by establishing your breath or blood alcohol content (BrAC/BAC), which can be measured via a Datamaster or a blood test. A BrAC/BAC of .08% or above is the typically “legal limit” (although the legal limit can be lower in some instances). The prosecutor can also attempt to prove you were impaired while operating the vehicle, which entails pointing to concrete evidence (slurring of one’s speech, glassy eyes, performing poorly on a field sobriety test, etc.) to show that the driver was impaired.

When faced with a DUI, working with an attorney with a comprehensive understanding of criminal law is critical. Contact the Law Office of Philip Shanahan today to ensure your rights remain protected. Schedule a consultation with an Anchorage attorney by calling (907) 334-3339, or get answers to your most pressing legal questions by using their convenient online contact form.

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