In our justice system, prosecutors must prove every element of the offense beyond a reasonable doubt in order to win a conviction. In Los Angeles DUI cases, this means that the prosecutor must prove that you were driving a vehicle while under the influence of alcohol and/or drugs, or were in violation of California's "per se" laws, which means driving with a blood alcohol content (BAC) of .08 percent or greater.

This standard of proof in California DUI / DWI cases means that the prosecutor must prove that you were in fact driving a "vehicle." This is not always as straightforward as it sounds. A skilled Los Angeles DUI attorney from The Kavinoky Law Firm will thoroughly analyze your drunk driving case and devise a strategy to create reasonable doubt in one or more elements of the offense.

Remember, if just one juror out of 12 has reasonable doubt about even one element of your guilt in your Los Angeles DUI charge, you can't be convicted of drunk driving. If just one juror isn't convinced beyond a reasonable doubt of your guilt on even one element of the offense, the case may end with a hung jury. This is an extremely favorable outcome, because the prosecutor will often decide that it's not in the state's best interest to retry your case..

While the definition of what a "vehicle" is differs from state to state, the California Vehicle Code defines a vehicle as "a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks." This includes cars, trucks, motorcycles, mopeds, scooters, and bulldozers.

California' definition of a vehicle excludes bicycles, airplanes, and horses when it comes to DUI / DWI, but all of those conveyances are covered under separate penal code sections.

Many drivers facing Los Angeles DUI charges fear that there's no point in even fighting the case, but that's simply not true. Los Angeles drunk driving charges can be fought and won with the help of an expert DUI / DWI lawyer. If you're facing drunk driving or driving under the influence of drugs (DUID), contact a Los Angeles DUI lawyer today for a free consultation.