What is a DUI (driving under the influence)?
A. In order to be convicted of DUI, it must be shown that you were driving or in actual “physical control” of a vehicle. The burden is on the State to show that the police officer had a reasonable suspicion for stopping or approaching the vehicle. If you were stopped at a roadblock, the prosecutor must show that the roadblock was set up in accordance with the Fourth Amendment to the U.S. Constitution. These issues are somewhat complex. Next, is the officer’s roadside determination that there is probable cause to arrest you for DUI. The State must show that it is likely that you were a less safe driver as a result of drinking alcohol and exceeds the state’s mandated Blood Alcohol Count (BAC). Many cases involve the use of sobriety tests. These tests can help an officer make up his mind about whether you should be arrested for DUI.
