Driving under the influence (DUI) is a serious charge that can have lasting consequences on your life. However, a charge is not a conviction, and the outcome of a DUI case heavily relies on the evidence presented. Understanding the role of evidence in DUI cases is crucial for building a strong defense strategy.
What a Prosecutor Needs to Prove in Court Types of Evidence for DUI Cases
- Field Sobriety Test Results
Field sobriety tests are a routine tool for law enforcement to determine impaired driving in an individual. These tests are the horizontal gaze nystagmus (HGN), walk-and-turn, and one-leg stand. But these are not failproof tests. Many things can interfere with the results like medical conditions, bad weather or even bumpy ground making them very inconsistent. Disputing the accuracy of FST outcomes is an integral part of a DUI defence.
- Results of Breathalyzer and Blood Test
Breathalyzer and blood alcohol concentration (BAC) test results are among the most important pieces of evidence in a DUI case. Unfortunately, such tests can be inaccurate because of faulty calibration or machine malfunction (or even human error). The timing of the test can also affect results as BAC levels may continue to rise (or fall) between the time you stop driving and are tested. A seasoned DUI lawyer will review these tests with a fine-toothed comb to ascertain if there were any inconsistencies, and failing that they are prepared to work out plea-bargaining or make use of their skills in harmless proof strategizing.
- Cop Filing & Dashcam-trash
Dashcam video and police reports offer a fuller picture of the arrest, which took place after several events unfolded from when Boyajian saw Aviles' car to when he cuffed him. You can work with the evidence to go through or analyze if indeed what the officer did undergone lawful stop and arrest. Protocols that either are not adhered to or lack probable cause could then result in the dismissal or lessening of charges, which would play in your favor.
- Witness Testimony
Passengers, bystanders or experts are witnesses to the narrative of prosecution helping it prosecution while bringing contradiction on record. In some cases, a powerful defence may mean discrediting witnesses or proffering expert testimony that contradicts the prosecution's evidence.
- Video Surveillance
Sometimes, businesses or traffic cameras that are located near the scene of an alleged crime could have video surveillance footage that may support your case. This evidence can help show you were not under the influence or that law enforcement did not arrest you correctly.
Crafting a Solid Defense Strategy
The foundation of a successful defence begins with a comprehensive analysis of all evidence. However an experienced DUI attorney can help in the following ways;
Evidence Review: Your lawyer will carefully review all of the evidence, checking for inconsistencies, procedural errors and violations of your rights.
Conclusions/Expert Analysis: Absent further analysis from experts hired by professional OUI lawyers to analyze the validity of FST results or your BAC levels, expert testimony may provide a new explanation for events surrounding your arrest.
Facie Motions: If the evidence implicates a violation of your constitutional rights, your attorney must file facie motions outlining this so that it can be excluded from trial.
Plea Negotiations —If the prosecutor has a strong case against you, your attorney may be able to negotiate for lesser charges or sentencing alternatives.
Conclusion
Evidence is paramount in DUI cases. An experienced DUI lawyer can stitch together an airtight defence, one piece of evidence at a time by evaluating each potential hole in the prosecution's case, and determining whether that element is ultimately admissible.
If you have been accused of driving under the influence, we encourage and advise you to hire an attorney who is seasoned in DUI law as well as evidence. We take that commitment seriously here at Alimourilaw. Call us right now at (626) 314-3595 if you need a facilitation attorney offering free consultations, and make sure we can defend your rights as well as in the future