DUI Trials: Prosecutors Must Prove Each Element

The article below is a good example of a defense lawyer using the strategy of attaching just one of the elements in a DUI case.

It is entirely the state's burden to prove each element beyond a reasonable doubt.  So if, in the typical DUI case all of the following aren't proven, then a jury should find the DWI defendant not guilty.

1. Driving
2. Alcohol in system
3. Consumed before or during driving
4. Impairment by alcohol
5. Driving ability lessened at least to the slightest degree
6. Jurisdiction
7. Identity of driver

If they fail to prove every element, then the law mandates a not guilty verdict.

Quoted from http://www.tampabay.com/news/courts/criminal/article628470.ece:

Lawyer says client wasn't at wheel in DUI fatalities - St. Petersburg Times

As Stephen went on trial Monday for their deaths, his lawyer conceded that, yes, his client's maroon Chevy pick-up was involved. And yes, his client was drunk in those early morning hours of March 26, 2006.

But defense attorney Kenneth Foote said the state will not be able to prove that Stephen was the one behind the wheel.