Every drunk driving case is different, but there are certain types of evidence that are most often used. Read on to learn what they are and then contact Law Office of Michael L. Fell at (949) 585-9055 if you have been charged with a DUI and need a free legal consultation.
The Ten Types of Evidence
The ten most common types of evidence used in DUI cases include:
- Blood test results
- Breathalyzer tests
- Testimony and statements from eyewitnesses
- Surveillance footage from the officer’s bodycam, dashcam footage, or smartphone videos from witnesses
- Medical records of the accused
- Field sobriety walk and turn tests
- Field sobriety one-legged-stands tests
- Field sobriety horizontal gaze tests
- Statements the accused made after their Miranda rights were issued
- The police report
The strength of a prosecutor’s case is generally tied to how much evidence they have.
What Should Be Included in the Police Report
The police report in a DUI investigation should have a wealth of information, including the reason the officer pulled over the accused in the first place, whether the defendant smelled like alcohol, whether the speech of the defendant was slurred, whether the defendant’s eyes were red, glassy, or water.
What is Not Admissible in a DUI Arrest
While the police might ask you to go through a preliminary alcohol screen test, such as a breathalyzer before you are arrested, or various field sobriety tests, these results are generally not admissible in DUI trials. The purpose of those tests is to give the police probable cause so that they can arrest the person for a DUI crime. Once they have done so, they can perform a breathalyzer or blood test that would likely be admissible.
You Have Options if You Are Accused of a DUI
Do not assume that just because one or more types of evidence has been brought forward to prove you are guilty of a DUI that you will automatically be convicted of a DUI. Many people have no idea that much of the evidence used to arrest a person cannot be used to convict them. Others do not realize that the police must have had a valid reason to pull them over in the first place.
As a result, it is all too common for a person to plead guilty to a DUI without even discussing their options with a criminal defense attorney. This is ill-advised. If you have been charged with a DUI, please contact Law Office of Michael L. Fell at (949) 585-9055 to request a free legal consultation.