Were you recently arrested for DUI in Orange County, California? If so,
it’s important to familiarize yourself with the “key evidence”
in a California DUI case. That is, the evidence the prosecutor uses to
secure a DUI conviction. Not all evidence is considered equal.
1. How was your driving?
Let’s begin with the initial traffic stop. Why were you pulled over?
Were you driving with your headlights off at night? Did you speed out
of a bar’s parking lot, only to run a red light? Were you driving
erratically? Were you driving the wrong way down the road? How you were
driving is key factor that will be considered.
2. Your appearance and behavior.
During the traffic stop, the officer is going to be looking at your personal
behavior and your appearance. Do you reek of alcohol? Are you slurring
your words? Are you combative? Or, are you calm and polite? If you are
acting “drunk” or falling over in the driver’s seat,
your behavior will be used against you in court, especially if you happened
to be recorded on an officer’s body camera.
3. Your statements.
“Why yes officer, I had six beers but that was hours ago, I’m
fine to drive!” Incriminating statements like this are not good.
Also, if you say that you only had “one” drink and the blood
results come back showing that you had a 0.16% BAC, then you lose all
credibility in court, because obviously you lied.
4. Your performance on the field sobriety tests.
roadside tests are completely optional, a lot of people don’t know that. They get
nervous when they’re pulled over and when the officer asks them
to step outside their vehicle to perform a few simple tests, they quickly oblige.
Unfortunately, this is a big mistake, but like we said, many people don’t
know that they can politely refuse to take these tests and there won’t
be any negative consequences. So, if you do decide to perform these tests,
please know that if you don’t perform well on them, the evidence
will be used against you in court. Usually, these tests are videoed on
the squad car’s dash cam and submitted to the court as evidence.
5. Chemical test results.
If you submit to a
blood or breath test, the results of these test will be used as key evidence in your DUI case.
For example, if the blood test results come back showing that your blood
alcohol content (BAC) was above .08%, you can bet that the DA’s
office will pursue a conviction. However, blood and breath tests can be
unreliable under the right conditions and a DUI defense attorney can help
challenge any such evidence in court.
Facing DUI charges in Orange County?
Reach out to the Law Offices of Virginia L. Landry, Inc. to have your case reviewed
by one of Orange County’s top DUI attorneys!