While the rates of DUI cases show a downward trend, they still occur with some frequency. According to the National Highway Traffic Safety Administration, there are approximately 1.5 million people arrested per year for driving under the influence of drugs or alcohol. Many of these cases, however, are not prosecuted. One major reason for that is the lack of a wheel witness. This is a term many people are unfamiliar with, yet it can make all the difference between a case being dropped quickly or going through the full motions of a trial.
Florida statute 316.193 governs the statutory requirements for a DUI and what the appropriate punishments are. In order to prove someone guilty of driving under the influence, the prosecution needs to prove two elements:
- The defendant was driving or was in actual physical control of a vehicle
- While driving or being in actual physical control of the vehicle, the defendant:
- Was under the influence of alcohol or controlled substance to the extent that his or her normal faculties were impaired and/or;
- Had a blood-alcohol level of 0.08
The first element appears simple at first glance. After all, if the police show up to the scene of an accident and find an intoxicated individual sitting outside a vehicle registered under their name, then that would be enough to convict them for DUI…right?
Not quite. When someone is being charged with a crime, the prosecution has a burden of proof called “beyond a reasonable doubt.” This means that they must be able to convince a jury that no other reasonable explanation can be derived from the evidence.
Consider the same scenario again. An intoxicated person sitting outside their vehicle that was just involved in an accident may suggest that that person committed a DUI. However, other explanations can exist. Perhaps the person was involved in the accident and sustained injuries, deciding to self-medicate with alcohol after leaving the vehicle in order to relieve his or her pain. Maybe the person was only the passenger of the vehicle and his or her friend fled the scene after causing the accident. Depending on the evidence, these two alternative explanations may be completely reasonable, meaning that the prosecution would have failed to meet their evidentiary burden.
This is where a wheel witness comes in. A wheel witness is as the name implies: he or she is a witness who can testify that the defendant was “at the wheel.” By providing evidence through testimony that the person being charged with DUI was in fact driving at the time of the alleged incident, the prosecution can remove other reasonable explanations from the equation and make a cogent argument that the only explanation for the evidence is that the defendant committed a DUI crime.
A defendant can also inadvertently become their own wheel witness if he or she is not careful. When encountering the police, many people feel the need to explain their own actions and that speaking with the police will maybe lessen the consequences. This is not at all true. For instance, a person may slip up and admit that they were driving the vehicle at the time of an accident. This can be particularly disastrous, especially in a case where the police have no other incriminating evidence. That is why it’s in your best interest to remain silent until consulting with an attorney, even if you believe you haven’t done anything wrong.
If you are being charged with a DUI, you will need a seasoned attorney who can objectively see where the prosecution’s case is weakest and act accordingly. Call the experienced criminal law attorneys at Hendry & Parker, P.A., in Dunedin, at 727-205-5555 today for a free consultation.