Alabama DUI Laws – Prosecution’s Burden of Proof

Posted by Steve Eversole | Aug 30, 2007 | 0 Comments

Alabama law is well settled in that, to establish a

prima facie case of driving while under the influence of alcohol under § 32-5A-191(a)(2), the state must prove beyond a reasonable doubt that the defendant:

  • drove, or was in actual physical control of, a motor vehicle
  • while he was under the influence of alcohol
  • to such an extent that it affected his ability to operate his vehicle in a safe manner.

The factors to be weighed in determining whether the defendant was in fact intoxicated at time of the offense are:

(1) the testimony of the witnesses,

(2) access to alcohol, and

(3) the amount of time between the commission of the offense and the observation of the defendant.

About the Author

Steve Eversole

Admitted to practice in All State and Federal Courts in Alabama: AllAlabama State Courts, Alabama Supreme Court, Alabama Court of Appeals,Northern...


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