Were you recently arrested for driving under the influence (DUI) in Orange
County, California? If so, it’s important to familiarize yourself
with the “key evidence” used to nail DUI defendants in DUI
cases. That is, the evidence the prosecutor uses to secure a DUI conviction.
Not all evidence is considered equal, so let’s take a look at the
key types of evidence used to convict people of DUI in Orange County:
1. Your driving before the stop.
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 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 or the dash cam on their patrol car.
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
alcohol results come back showing that you had a 0.16% BAC, you lose all
credibility in court because clearly – you lied to the officer.
4. Your performance on the field sobriety tests.
roadside tests are
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
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?
Contact the Law Offices of Virginia L. Landry, Inc. to have your case reviewed by one of Orange County’s top DUI attorneys!