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Drunk driving cases must have specific elements

Some people in Benton County are coming to the realization that a little too much partying is going to have an impact on the coming days and weeks. People who are facing a DUI charge because of their holiday festivities might decide to fight back against the charges.

There are several points that matter in a DUI defense. One of these is where you were when you were approached by police officers. In order to be charged with drunk driving, you have to be in the driver's seat of the vehicle.

Some people think the car has to be in motion for a drunk driving charge to occur. This myth is one that must be dispelled. You can receive a drunk driving charge even if the vehicle is stopped and in park. Typically, the key must be in the ignition in order for it to be considered drunk driving.

Of course, if the car isn't operable, you likely wouldn't get a charge for drunk driving even if you had the key in the ignition and were sitting in the driver's seat. This is because you can't drive a car that isn't operable.

Another factor that matters is why you were approached by police officers. This might be because your driving indicated that you were intoxicated or because someone called in a report of a suspicious vehicle.

The elements of a DUI offense are the points that must be present in order for the charge to be valid. If your case doesn't meet all the elements necessary, you can often use that as a component in your defense strategy. This is why it is important to look into every possible point as you build your defense.

Source: FindLaw, "Elements of a DUI Offense," accessed Jan. 11, 2017

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