Just because you receive a citation for a DUI, doesn't mean you are guilty of Driving Under the Influence.

In fact, you are innocent of a crime until you're proven guilty. This means that the prosecutor has to prove you're guilty of Driving Under the Influence before you can be convicted or found guilty of the crime.

The attorney, paid by the government to prosecute your DUI matter is called the prosecutor. The prosecutor must prove the "elements" of your case before you can be found guilty of a DUI. These elements of the case are also referred to as facts.

All of the elements of your case must be proved, or, you will be found not guilty.

The facts that the prosecutor must prove before you can be found guilty are:

1. Your identity

2. As a driver

3. Of a motor vehicle

4. In the state of Florida,

(a) And the person has, within two hours after driving, an alcohol concentration of 0.08 or higher as shown by analysis of the person's breath or blood; or

(b) While the person is under the influence of or affected by intoxicating liquor or any drug; or

(c) While the person is under the combined influence of or affected by intoxicating liquor and any drug.

Remember, if just one of these elements is not established, you will be found not guilty.

Talk To A Lawyer Right Now - Click Here!