Chapter 7: Elements Of A DUI - What Does The State Have To Prove For A Jury To Find Me Guilty Of DUI?

A DUI is a criminal offense in Tennessee and thus, you will not be found guilty of DUI unless the State proves every element of DUI beyond a reasonable doubt, or you plead guilty to the offense. The elements of DUI requires that the person accused of DUI must have been: (1) driving or in physical control; (2) of an automobile or other motor driven vehicle; (3) on a public road, highway, on the premises of a shopping center, trailer park, apartment complex, or any other location generally frequented by the public; (4) while under the influence of an intoxicant, or some other listed substance, that impairs the driver’s ability to safely operate a motor vehicle by “depriving the driver of the clearness of mind and control of himself which he would otherwise possess” or with a blood alcohol level of .08% or more.

Sometimes, a simple reading of the elements can provide you with a defense. For example, in some states, you can be convicted of DUI while riding a bicycle. However, by reading the elements of the crime that we have outlined above, you clearly cannot be found guilty of DUI for riding a bicycle in Tennessee because the State must prove driving or physical control of an automobile or other motor driven vehicle. Thus, unlike some other states, in Tennessee you cannot be convicted of DUI for riding a bicycle, but you can be convicted for being on a lawnmower, for example.

Another important thing to keep in mind in a DUI case is that only the state has to prove anything. In order for a person to be found guilty of DUI, the state must prove each of the four elements of DUI beyond a reasonable doubt. Reasonable doubt is the highest level of proof in America’s system of justice. In a car wreck case, the plaintiff need only prove by a preponderance of the evidence, and a dependency case, where the state takes a child away from a parent, the state only needs to prove its case by clear and convincing evidence. However, in a criminal case, including cases for DUIs, a higher burden of proof is required, beyond a reasonable doubt.

Conversely, the individual that was charged with DUI cannot be forced to prove anything. A defendant does not need to prove that they were not impaired and does not have to even put on any proof at all. Instead, the defendant is presumed innocent, presumed that he or she was not impaired, presumed that he or she was not driving or in physical control of a motor vehicle and presumed that he or she was not on a public roadway. Each and every one of those elements must be proven beyond a reasonable doubt by the state and the defendant will be presumed innocent of each element of the offense unless the jury finds that the State proved each specific element and thus, the specific crime charged, beyond a reasonable doubt. Both the presumption of innocence and the State’s burden of proof are perhaps two of the strongest rights that someone charged with DUI has protecting them, which lays the foundation of nearly every defense that may be applicable to you in your case.