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Nicholas W.

William R.

Criminal Defense Experience - 40+ Years

What do DUI Jury Instructions say about driving and impairment?

DUI jury instructions define for the jury the specific issues they have to decide beyond a reasonable doubt in order to convict someone.  There are often a number of instructions read to the Jury at the conclusion of the case depending on the evidence presented, the specific charges and allegations an individual is facing and evidence presented by the District Attorney and the Defense.

DUI jury instructions not only state that the person charged must have been in control of a moving motor vehicle and either be impaired dy drugs or alcohol or have a blood alcohol level of .08 or more.  The instructions further state that “the manner in which a person drives is not enough by itself to establish whether the person is or is not under the influence…” but it is a factor to consider with all of the rest of the circumstances in determining whether someone is under the influence of alcohol, drugs or both.  Sometimes there are alternative explanations for weaving or swerving, for instance an animal ran across the road, a cheeseburger fell in your lap or your fiddling with the radio.

If a jury feels you were impaired partly by alcohol or drugs at the time of the driving but there were also other factors, it is not a defense that there were other reasons you were impaired, like lack of sleep, or you were ill as long as alcohol or drugs were a factor.  Call Christoph Law Offices at 760-941-5720 for a free consultation and realistic appraisal of you case.  For over 32 years across from Vista Courts, we have provided the the highest level of professional and personal representation.

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Member: San Diego Bar Association, North County Bar Association, American Bar Association, California Attorneys for Criminal Justice
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