Burden of Proof in a DUI

dui dui

I had been drinking. Not sure how much. I didn’t think I was drunk. I made a u-turn and thought I would get pulled over by the nearby cops. So, I pulled into a Best Buy parking lot and ran my ass off. In the mail several days later I got all kinds of tickets and a charge of evading. My question is: Can I get arrested for DUI? Can I fight these tickets?

First and foremost, if you are worried about possibly being later charged with a dui, your defense would be that they have no proof that you were driving. Even if they could prove that you were driving, they can’t prove that you didn’t drink something after you left the car, like from a flask so you could beat the DUI that way. Also, there was no BAC or Blood Test.

As far as the evading goes or any of the tickets go, the burden of proof is on the commonwealth, not on you. You don’t have to prove a darn thing. Can they prove that you were driving? Do they have a witness that can say they saw you behind the wheel? If not, just remain silent.

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