Criminal Defense FAQ

Wouldn't longer sentences mean less overall crime?
Is there a way to punish a criminal before he actually commits the crime he is planning?
Are all illegal drugs treated equally when it comes to punishing drug dealers?
Can a person be guilty of drunk driving if he has had only one drink?
What is the role of the federal government in criminal law?
Are grand jury proceedings secret?
Are there special crimes to control children's behavior?
What is the difference between probation and parole?
How does a assistant state attorney decide which criminals to charge?
Is driving over the speed limit a crime?
Can only businesspersons be charged with white-collar crimes?

Can a person be guilty of drunk driving if he has had only one drink?
The crime of drunk driving is generally defined in two ways: (1) having a blood alcohol content above the limit set by law, or (2) driving under the influence of alcohol. To find a person guilty under the first definition, a jury must be convinced beyond a reasonable doubt that the person's blood alcohol content (BAC) exceeded a certain amount. In most states, the legal limit is .08 (or 8 percent). Therefore, if it is proven that the person's BAC at the time of the incident was .08 or greater, he or she can be convicted of drunk driving, regardless of how much alcohol was actually consumed.

In contrast, the second definition does not refer to any particular BAC; it focuses on the driving behavior of the person. If the person's driving is impaired by the consumption of alcohol, he or she can be found guilty of drunk driving. Instead of presenting evidence of the BAC to a jury, the prosecution seeking a conviction under this definition generally presents testimony about the person's driving and consumption of alcohol. A police officer will often describe the impaired driving that led him to pull the person over and the person's ability (or lack thereof) to perform field sobriety tests, such as walking a straight line. Evidence is also usually presented concerning the person's consumption of alcohol. If the jury then concludes that the prosecution has met its burden of proof, it will convict the person of drunk driving. A susceptible person may exhibit impaired driving after one drink and therefore be convicted of drunk driving.