Who Has the Burden of Proof in a Florida DUI Case?

Who Has the Burden of Proof in a Florida DUI Case?If you have been charged with DUI in Florida, you may have a lot of questions about what comes next. The criminal justice process can certainly seem daunting, particularly when you are not sure what is waiting for you on the other side of it. Understanding how the process operates and what you will need to do to succeed in your case can be hugely helpful moving forward, and a way of taking control of your circumstances. Some people are relieved to learn that the burden to prove they are guilty actually rests on the prosecution. While that is not an excuse to sit back and relax, it is a piece of information that can help you and your attorney strategize for court. It is also a helpful reality check. Even though you have been put in handcuffs and taken to jail, you are still innocent until proven guilty. It is the prosecution’s job to prove that you are guilty. It is your job to make that as hard as possible for them.

How Does the Burden of Proof Affect a DUI Case?

In a DUI case, having the burden of proof means that it is the prosecution’s responsibility (or, burden) to prove that you are actually guilty of the crime as charged. The bar for proving guilt in criminal court is high. In order to succeed in meeting their burden, the prosecution must prove beyond a reasonable doubt that you were under the influence and that you were in control of a motor vehicle. If there is any doubt in the minds of the jurors as to whether you actually were under the influence or were in control of a motor vehicle, then you should not be convicted of the crime, as the prosecution has failed to meet their burden of proving that you are guilty.

If you are facing criminal charges in central Florida, do not waste any time. Contact HAWM Law and find out how our lawyers can help protect your freedom.

Using the Burden of Proof to Plan Your Defense

The best legal strategy for you will depend on the specific circumstances of your case. For instance, if you were charged with DUI but you were not actually driving the car, were not in possession of the keys, or otherwise lacked control of a motor vehicle, you must demonstrate this so as to keep the prosecution from establishing this element of the crime. Likewise, depending on the specifics of your case, you can challenge the element alleging that you were under the influence. This may look like challenging the accuracy of field sobriety tests, the legitimacy of the testing or evidence, or more. An experienced Florida criminal defense lawyer can review the specifics of your case in order to determine the best strategy for you.

Talk to an Orlando Criminal Defense Attorney

If you are currently facing DUI charges in Florida, the experienced criminal defense attorneys at HAWM Law are ready to help. Contact us today to schedule a consultation and find out how we will fight for the best possible outcome in your case.

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