Even when you know what crime should be charged, as a paralegal, you will still need to analyze whether all the elements of that crime can be found in the facts of your case. Your analysis is not complete until you've also looked at possible defenses. For this exercise, you will review a scenario, identify the elements of a crime in the scenario, and anticipate what defenses could be claimed.

Anthony Johnson's van hit a motorcycle stopped at a stoplight at 4 p.m. Anthony admitted smoking marijuana and drinking a beer in the morning. He also admitted to taking two painkillers in the late morning. Anthony failed field sobriety tests but his alcohol level was well below the legal limit. He claims that a can containing kerosene spilled in his van and seeped under the rug and he was overcome by the fumes. He was charged with DUI.

1. Review the scenario.
2. Research statutes in Georgia governing DUI.
3. Answer the following questions:

• What are the elements of a DUI charge?
• In the scenario above, what elements of the crime of DUI are present?
• Should the charge apply in Mr. Johnson's case?
• What defenses might be available to Mr. Johnson in the state of Georgia?
• What is the intoxication defense? Can the intoxication defense be used in Mr. Johnson's case?