Dash cams and body cams often are used to provide proof of a driver’s intoxication.
Video cameras are everywhere these days — most of us carry one in our pockets or purses. That reality allows the average citizen to film daily happenings, including when the police make an arrest. The same is true for the police: cameras mounted on dashboards and worn on uniforms, commonly referred to as dash cams and body cams, make it all the easier to prove that a person was driving under the influence or committing another crime.
Previously, evidence in a DUI case was often subjective. If the results of a chemical blood or breath test were iffy — for example, if the test was performed improperly, or if the person was not over the legal limit — then it was often the testimony of the arresting officer that the prosecution relied upon as proof of driving under the influence. According to a Riverside DUI defense attorney, this is especially important because under California law, you can be charged with driving under the influence even if you are not over the legal limit of .08 percent blood alcohol content (BAC), if you are unable to operate a vehicle with the care of a reasonably cautious sober person. A police officer could testify that you were stumbling, or that you failed your field sobriety tests, and you did not have a good way of arguing against those claims.
Video recordings of police stops change that dynamic, because now there is often a recording of exactly what happened when an officer stops a person on suspicion of driving under the influence. That video evidence can then be introduced in court, where a jury can evaluate for itself whether it believes that you were intoxicated at the time that you were stopped.
However, many police officers are aware of this, and as a result, may move a driver out of the dash cam’s view so that there is not any evidence of any field sobriety tests conducted. Body cams may prevent officers from doing this — as long as those body cameras are on and remain functional.
According to a Riverside DUI defense attorney, you do have rights when you are stopped on suspicion of driving under the influence. First, you can refuse to perform field sobriety tests. You are not required to do them under California law, and you should politely decline an officer’s request to do so. Second, you can also record any interactions with the police on your own, with your own camera. Citizens have a general right to film the police performing their duties in public, provided that they are not interfering with the officer. This could serve as back-up evidence in the event that there is not a recording of the interaction.
If you have been arrested for a DUI, you will need a tough, experienced Riverside DUI defense attorney to represent you. Having video evidence of what appears to be an intoxicated driver can often make a case more challenging — but it isn’t necessarily a fatal blow in all cases. A skilled lawyer can work with the facts and law of each case to help achieve the best possible outcome.
The Chambers Law Firm is dedicated to helping clients who have been charged with DUIs. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation or learn more about how we can help you.
