Tampa DUI Attorney
DUI Attorneys in Tampa Firm Overview Attorney Profiles
Tampa DUI Lawyer
Free DUI case evaluation
Resources Case Results Contact Us
Tampa DUI Defense Attorney
DUI Accidents
DUI Causing Injury
DUI Manslaughter
Hit & Run (Leaving the Scene)
Proof in a DUI Injury Case
DUI Attorney Videos
Thomas & Paulk PA is a BBB Accredited Business. Click for the BBB Business Review of this Attorneys in Tampa FL
Contact a Tampa DUI Lawyer
Name:
Email:
Phone:
Are you a new client?
Message:
DUI » DUI Accidents » Proof in a DUI Injury Case

Burden of Proof in a DUI Injury Case

A driver who is accused of causing an accident while driving under the influence may face felony charges if another person is seriously injured or loses their life in the collision. This offense, commonly referred to as DUI causing injury, must involve the following elements in order for the prosecuting attorney to secure a conviction:

  • The defendant was driving the vehicle;
  • The defendant had an unlawful BAC of 0.08 percent or greater, and / or had impaired abilities;
  • The defendant caused the accident;
  • The victim was injured; and
  • The victim's injuries occurred as the result of the accident.

Legal Burden of Proof: Understanding the Implications

In the United States, all cases carry what is known as a "burden of proof." This is considered to the responsibility of the parties involved to provide the necessary evidence and a compelling enough argument to shift the conclusion in their favor. According to the Sixth Edition of Black's Law Dictionary, "The proof lies upon him who affirms, not upon him who denies; since, by the nature of things, he who denies a fact cannot product any proof."

Therefore in a DUI case, the burden of proof lies with the prosecution. This means that the prosecuting attorney must prove, beyond a reasonable doubt, that all of the above factors are true in order to secure a conviction against a defendant who stands accused of DUI causing injury. It will be in the hands of your Tampa DUI lawyer to challenge physical evidence and witness testimony presented by the prosecution – and to present evidence and witness testimony on your behalf – in order to help you avoid a conviction.

This may be accomplished by the cross-examination of the arresting officer as well as any expert witnesses that the prosecuting attorney brings to the stand. It may also be accomplished by conducting an investigation into the circumstances of the accident and all evidence involved in order to uncover details that support your innocence. At times, cases of this kind may come down to the smallest details: mishandled evidence, an improperly calibrated breathalyzer device, an unlawful arrest or other issue that renders evidence or testimony unreliable in court.

Tampa DUI Defense Attorney Thomas & Paulk, P.A. Attorneys at Law
Thomas & Paulk on Twitter
Thomas & Paulk on Facebook
Thomas & Paulk on Google+