Evidence Needed for DUI Conviction: What To Know

Facing a DUI charge can be a life-altering experience with serious consequences. Understanding the evidence needed for a DUI conviction is crucial if you find yourself in this situation.

At Genesis DUI & Criminal Defense Lawyers, we are committed to helping you handle the legal process and fight for your rights.

Our law firm will explain the types of evidence commonly used in DUI cases, the standards the prosecution must meet, and how our law firm can help you achieve the best possible outcome.

DUI Charges and the Legal Process

Driving under the influence, or DUI, is a serious crime that occurs when a person operates a motor vehicle while impaired by alcohol or other substances. State laws prohibit driving with a blood alcohol concentration, or BAC, above a certain legal limit, typically 0.08%. However, you can also be charged with a DUI if your driving is impaired, even if your BAC is below this limit.

Additionally, individuals can be charged with a DUI even if they are not actively driving, as long as they are in physical control of the vehicle like sitting in the driver's seat with the engine on.

A DUI charge can result in severe penalties, including fines, jail time, license suspension, and a permanent criminal record. To secure a conviction, the prosecution must prove beyond a reasonable doubt that you were driving under the influence. This requires gathering and presenting various forms of evidence.

Key Evidence Needed for a DUI Conviction

Several types of evidence are commonly used to support a DUI charge. Understanding this evidence can help you and your DUI attorney build a strong defense.

Blood Alcohol Concentration Test Results

One of the most critical pieces of evidence in DUI cases is the result of a chemical test, such as a breathalyzer, blood test, or urine test. These tests measure your blood alcohol concentration and are used to determine whether your BAC was above the legal limit at the time of the DUI stop.

• Breathalyzer Tests: These are the most common tests law enforcement officers use to measure BAC. However, breathalyzer results can sometimes be challenged due to improper administration, faulty equipment, or the presence of mouth alcohol, which can skew the results.
• Blood Tests: A blood sample provides a more accurate measurement of your BAC. However, issues such as contamination or improper handling of the blood sample can raise questions about the reliability of the test results.
• Urine Tests: Although less common, urine tests can be used to detect alcohol or drugs in your system. However, these tests are considered less reliable than breath or blood tests.

The prosecution will use these chemical test results to argue that you drove with a BAC above the legal limit. However, an experienced DUI attorney can challenge the validity of these results if there are doubts about the testing process or the accuracy of the results.

Field Sobriety Tests

Field sobriety tests, or FSTs, are physical and cognitive tests conducted by law enforcement officers at the scene of the DUI stop. These tests are designed to assess your level of impairment based on your ability to perform specific tasks, such as walking in a straight line, standing on one leg, or following a moving object with your eyes.

• Walk-and-Turn Test: You may be asked to walk heel-to-toe along a straight line and then turn around and walk back. This test is meant to assess your balance and coordination.
• One-Leg Stand Test: This test involves standing on one leg while counting aloud. It is used to evaluate your ability to maintain balance.
• Horizontal Gaze Nystagmus or HGN Test: The officer will ask you to follow a moving object with your eyes. Involuntary jerking of the eyes, known as nystagmus, can be a sign of impairment.

Field sobriety tests can be subjective and may not always provide definitive proof of impairment. Factors such as nervousness, fatigue, or medical conditions can affect your performance on these tests. Your DUI attorney can argue that the results of the FSTs are not reliable indicators of impairment, particularly if the tests were not administered correctly.

Observations of the Arresting Officer

The arresting officer’s observations and testimony are often used as evidence in DUI cases. These observations may include:

• Erratic Driving: The officer may testify that they observed you driving erratically, such as swerving between lanes, speeding, or failing to obey traffic signals.
• Physical Appearance: The officer may note signs of impairment, such as bloodshot eyes, slurred speech, or the smell of alcohol on your breath.
• Behavior: The officer may describe your behavior during the DUI stop, such as difficulty following instructions, fumbling with your driver’s license, or providing inconsistent answers to questions.

While these observations can be compelling evidence, they are also subjective. An experienced DUI attorney can challenge the officer’s testimony by highlighting alternative explanations for your behavior or physical appearance, such as fatigue, illness, or other factors unrelated to alcohol consumption.

Video Evidence

Video evidence from dashcams or body cameras worn by police officers can provide valuable insight into your behavior during the DUI stop. This footage shows how you performed on field sobriety tests, interacted with the officer, and whether the officer followed proper procedures.

• Dashcam Footage: This footage captures the events leading up to and during the DUI stop, including your driving behavior and interaction with the officer.
• Bodycam Footage: Body cameras worn by officers can provide a close-up view of your behavior and the officer’s conduct during the stop.

Video evidence can be a powerful tool in your defense, as it provides an objective record of the events. Your DUI attorney can use this footage to challenge the prosecution’s case, especially if it shows that you were not impaired or that the officer did not follow proper procedures.

Witness Testimony

Witness testimony can also play a significant role in a DUI case. This may include testimony from passengers in your vehicle, other drivers on the road, or bystanders who witnessed the DUI stop.

• Passenger Testimony: Passengers in your vehicle may be able to testify about your behavior before and during the DUI stop, providing alternative explanations for any signs of impairment.
• Other Witnesses: Other drivers or bystanders who observed the stop may be able to provide testimony that contradicts the officer’s account or supports your defense. Be careful with witness bias or an influenced witness.

Witness testimony can introduce reasonable doubt about your impairment and the prosecution’s version of events, potentially leading to a more favorable outcome in your case.

Challenging DUI Evidence

Challenging the evidence in a DUI case is critical to building a strong defense. An experienced DUI attorney will thoroughly review all the evidence gathered by law enforcement and look for weaknesses in the prosecution’s case. Here are some common ways to challenge DUI evidence:

Improper Administration of Tests

The results may be unreliable if the field sobriety tests or chemical tests were not administered correctly. For example, if the breathalyzer was not calibrated properly or if the officer did not follow the correct procedures during the field sobriety tests, your attorney could argue that the evidence should be excluded from the case.

Lack of Probable Cause

To legally stop and detain you for a DUI investigation, the officer must have reasonable suspicion that you were committing a crime, such as a traffic violation or erratic driving.

If the officer did not have a valid reason to stop you, any evidence gathered during the stop may be inadmissible in court and beat a DUI case.

Excluding Evidence

If your attorney can demonstrate that the evidence was obtained through an illegal search or seizure, it may be possible to have the evidence excluded from the case. This could weaken the prosecution’s case and increase the likelihood of a favorable outcome.

Alternative Explanations

Your attorney can also present alternative explanations for your behavior or test results. For example, if you failed a field sobriety test, your attorney could argue that you were tired, nervous, or affected by a medical condition rather than impaired by alcohol.

The Importance of Legal Representation

Handling a DUI case can be complex and overwhelming, but you don’t have to do it alone. An experienced DUI attorney can help you understand the legal process, gather evidence, and build a strong defense. At Genesis DUI & Criminal Defense Lawyers, we protect your rights and work toward the best possible outcome for your case.

Why Choose Genesis DUI & Criminal Defense Lawyers?

• Experienced Attorneys: Our legal team has extensive experience handling DUI cases and understands the intricacies of DUI laws.
• Personalized Defense: We tailor our defense strategies to the specific circumstances of your case, ensuring that we address all the relevant factors and evidence.
• Aggressive Representation: We are dedicated to challenging the prosecution’s case and fighting for your rights every step of the way.
• Free Consultation: We offer a free consultation to discuss your case and explore your legal options.

DUI Conviction Help From Genesis DUI & Criminal Defense Lawyers

A DUI conviction can have serious and lasting consequences, but you can fight the charges and protect your future with the right legal representation. At Genesis DUI & Criminal Defense Lawyers, we are committed to providing our clients the highest level of legal defense.

If you or a loved one is facing DUI charges, don’t hesitate to contact us for a free consultation. Let our experienced legal team help you navigate the legal process and work toward the best possible resolution for your case.