Burden Proof Issues at Trial | Charlotte DWI Attorney

Because a DWI is a crime, all of your Constitutional rights come into play. And one of the most important rights is that the State has the entire burden proof to convict you. Otherwise, you win even if guilty of the crime charged.

So What is the State’s Burden Proof?

Because the State has all the money, power, and resources, they have to prove their case beyond a reasonable doubt. Furthermore, they have the entire burden proof as to every element of the crime charged. As a result, if they miss even one part of their case, you win, and the State loses. While some folks feel this is not right, this is our system of justice. And it is the envy of the world. Rather than worry about a guilty person getting away with something, worry more about a convicted innocent person. After all, the bar we set applies to each and every one of us. Consequently, this is why we work so hard in every case.

So What Does the State Have to Prove?

In order to prove their case, the State must show three things: driving, in Mecklenburg County, and impairment. While driving in Mecklenburg County is usually fairly easy, it is not always in every case. For example, sometimes the driver is out of the car when the officer arrives at a wreck scene. Or other times, an officer is just outside of the county when they see bad driving. As a result, the most contested element is, of course, impairment. Consequently, the State must prove either a 0.08 or higher BAC or “appreciable impairment” to win. Because an experienced Charlotte DWI attorney can help here, you should hire the best DUI lawyer for your case. And just who is the best DUI attorney in Charlotte? Only you can decide who is the best in your opinion after comparing different lawyers’ credentials and experience.

For a private consultation about your case, please call Aaron Lee directly at 704-222-7525 or email aaron@leeandleelawfirm.com. Call now and let’s see what we can do to help.