Different types of trials require different evidence. For example, a murder trial may include a weapon and DNA evidence. A DUI trial, on the other hand, requires quite unique evidence. This evidence is what your Vista DUI lawyer will need to fight to help you prove your innocence, so it is important to understand what specific forms of evidence will be used in a DUI case in San Diego.
The police officer’s testimony in a DUI trial can make or break your case. That’s because the officer will describe why he or she pulled you over, what made him or her believe you were drunk and a description of your behavior and the statements you made before and after your arrest.
While the courts trust the memory of a police officer far more than a civilian, they also accept that the police are human and do make mistakes, which is why a dashboard cam or conflicting officer testimonies can work to your advantage with the help of your Vista DUI lawyer.
Additionally, factors of the officer’s testimony can be brought into question by your attorney. For example, the officer may claim that you smelled like alcohol, but the reality is that he or she is usually only smelling the kind of alcohol your were drinking, not pure alcohol. This means that if you spilled wine on your shirt or were drinking a particularly pungent variety of gin, the officer easily could have smelled it, even if you were entirely sober by the time you drove. The police may also point out that you had blood shot eyes, something which can easily be explained away by exposure to cigarette smoke (a common occurrence at parties), a medical condition or fatigue.
Chemical Test Results
Chemical test results are the cornerstone of the prosecution’s DUI case. They include blood, breath and urine tests administered by professionals to evaluate whether or not you drank more than the legal limit or if you were under the influence of drugs. We already discussed how your Vista DUI lawyer can fight these test results in this article.
Field Test Results
The last common form of evidence in a DUI trial are your results in the field sobriety tests. While these tests are not mandatory and most DUI lawyers in Vista will urge you not to take them, many people are not aware of this until it is too late.
The field sobriety test results can be attacked by your Vista DUI attorney based on the fact the officer subjectively determines whether the person passes the tests. Additionally, unless a person is well coordinated or athletic, many sober individuals would not pass the field sobriety tests.
If you have been accused of drunk driving, remember, there is help. To speak with Vista drunk driving defense lawyer Peter M. Liss, please call (760) 643-4050.
Creative Commons Image by Bill Selak