To prove that the defendant operated while intoxicated [or while visibly impaired] , the prosecutor must prove each of the following elements beyond a reasonable doubt:

First, that the defendant was operating a motor vehicle (1) [on or about (state date) ] . Operating means driving or having actual physical control of the vehicle.

Second, that the defendant was operating a vehicle on a (2) highway or other place open to the public or generally accessible to motor vehicles.

Third, that the defendant was operating the vehicle in (3) the [county / city] of ________.

To prove that the defendant operated a motor vehicle (1) while intoxicated, the prosecutor must also prove beyond a reasonable doubt that the defendant was [either] under the influence of alcohol1 while operating the vehicle [or that the defendant operated the vehicle with a bodily alcohol level of 0.08 grams or more per 100 milliliters of blood / 210 liters of breath / 67 milliliters of urine] .2

“Under the influence of alcohol” means that because of (2) drinking alcohol, the defendant’s ability to operate a motor vehicle in a normal manner was substantially lessened. To be under the influence, a person does not have to be what is called “dead drunk,” that is, falling down or hardly able to stand up. On the other hand, just because a person has drunk alcohol or smells of alcohol does not prove, by itself, that the person is under the influence of alcohol. The test is whether, because of drinking alcohol, the defendant’s mental or physical condition was significantly affected and the defendant was no longer able to operate a vehicle in a normal manner.

Between the two criminal defense attorneys, they can provide you with excellent criminal defense representation. Both attorneys have extensive criminal defense trial experience including drunk driving, larceny, robbery, and other serious crimes. Typical fees to retain attorney for a drunk driving case can range and from 1,000 dollars to as high as 10,000 dollars. Considering the potential penalties for a drunk driving conviction, it is extremely important to retain the services of an experienced DUI attorney.

Krupp Law Offices P.C.is located in downtown Grand Rapids, Michigan and has the right drunk driving defense attorney for you. We represent clients in all criminal matters throughout West Michigan, including the cities of Grand Rapids, Kentwood, Rockford, Holland, and Grand Haven, and the counties of Kent, Ottawa, Barry, Newaygo, Montcalm, Allegan, and Ionia.

Call for a free phone consulation. Our office can help.

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