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What Does a Prosecutor have to Prove in Your Mississippi DUI Case?

Posted on : October 18, 2018, By:  J Brian Kelley
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The penalties for being accused and convicted of DUI can be quite serious. This is why it is important to retain your own criminal defense representation immediately after being accused so that your lawyer can chart a strategy for maximum success in your DUI case. The prosecution has numerous different responsibilities in terms of proving things in court to convict you of DUI. The prosecution must be able to show, for example, that you were operating or were in control of the vehicle at the time that the officer stopped you and that you were under the influence of alcohol while operating or in control of that vehicle. If you or your criminal defense attorney can raise questions about either of these two factors, you can successfully win your DUI case.

Your DUI defense lawyer might even be able to prevent the prosecution from admitting additional evidence against you at your trial, which could greatly reduce their ability to receive a conviction against you. Since your DUI arrest circumstances will be different from someone else’s, you need to share your concerns and questions with your criminal defense attorney immediately after you have been charged. If the prosecution cannot prove that you were operating your vehicle when the alleged DUI happened, they cannot convict you of a DUI. However, since most DUI arrests are connected to the driver of the vehicle being pulled over, it will be very difficult to dispute this factor.

If you can show that the arrest was not performed legally, you may be able to be successful in fighting these charges against you. Schedule a consultation with a Mississippi DUI lawyer today to learn more.

Whether this is your first DUI charge or a subsequent one, your future depends on how you hire a lawyer and how soon you can fight back.


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