Am I Really Guilty Of A DUI?

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 Nebraska, while
5. Your blood alcohol level was over .08 parts blood per 210 liters of breath or
6. You had a prohibited substance in your blood without a prescription or
7. Your ability to drive was substantially impaired. (This is shown through poor performance on field sobriety tests, unresponsive answers, unusual behavior and appearance.)

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