In both the (a) and (b) count the government has to prove (1) that you were the driver and (2) the vehicle actually moved.
Identity of Driver
The government has to prove you were the driver. If you were behind the wheel when you were pulled over it’s easy for them to prove you were the driver. It’s more difficult to prove who the driver was in cases where there is an accident and the car is abandoned. The government will try to prove you were the driver through circumstantial evidence like the car being registered to you, if you have the keys, witness statements, your proximity to the car, if no one else is around, and if you admit to driving. The best defense to a DUI is if you weren’t the driver.
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