You’ve been arrested for a DUI, but don’t think that you were actually too intoxicated to drive. How will the prosecutor prove the case?
California takes driving under the influence very seriously — and with good cause. Drunk driving is estimated to cause approximately 10,000 deaths per year, according to the Centers for Disease Control and Prevention. But in some cases, people are arrested for a DUI when they were not actually under the influence or too intoxicated to drive responsibly. Knowing how a prosecutor proves a DUI case can be valuable in deciding how to defend against a drunk driving charge.
A Subjective Offense
Unlike other crimes, drunk driving is a subjective offense. That means that unlike something like theft, where the state has to prove that you actually took something, the prosecutor can rely on personal observations to prove that you were unable to safely operate your vehicle.
Most cases rely heavily on the testimony of the arresting officer. The officer will explain how he or she came to suspect that you were driving under the influence. This might include a description of your driving pattern — such as that you were erratically braking, weaving, or that you were driving at night without headlights. The officer’s testimony will attempt to prove that you were unable to drive with the “caution characteristic of a sober person,” which is one of the elements of a DUI case.
Once the officer establishes why he or she stopped you on suspicion of drunk driving, the officer will then testify as to your personal appearance to show that you had the “objective signs of intoxication.” She may claim that your speech was slurred, that you had the odor of alcohol on your body, that your eyes were red and watery, or that you were unsteady on your feet. If you performed a field sobriety test, the officer will state that you did not perform the tests as expected — that you could not walk a straight line, follow the officer’s finger, or do any of the other tests as a sober person would do. Remember that you are not required to take a field sobriety test, and it is usually beneficial to refuse to take the test.
Because all of this testimony is based on the officer’s personal observations, it is possible for a skilled Santa Ana DUI lawyer to challenge the officer’s conclusions on your sobriety based on his personal observations. There are many reasons why a person may appear to be intoxicated without being under the effect of drugs or alcohol. This may include medical causes, being tired or nervous, having an eye condition, or a physical disability that prevents you from walking steadily even when sober. A skilled Santa Ana DUI lawyer will know what questions to ask you to find out if there are other possible reasons for your appearance or performance, and how to develop the evidence to prove this in court.
Objective Evidence: Test Results
After the prosecution presents the officer’s testimony, they will typically introduce evidence that your blood alcohol content (BAC) was at or above the legal limit of .08 percent. It is possible to be convicted of driving under the influence with a BAC of lower than .08 percent. It is also possible to have a BAC of .08 percent or higher and not be under the influence of alcohol.
There are two main types of tests that a prosecutor may present to support the inference that you were driving under the influence of alcohol. First, she will introduce the results of the pre-arrest preliminary alcohol screening (PAS), which is typically a breathalyzer test administered on the side of the road. Remember that unless you are under age 21 or on DUI probation, you do not have to take a PAS. Second, she will introduce the results of the post-arrest chemical test, which may be of your breath, blood or urine.
A seasoned Santa Ana DUI lawyer can often challenge the results of these tests based on their accuracy, the police’s failure to follow the rules, or the failure to properly maintain the machines used in test. Your attorney may also argue that because you have a high tolerance for alcohol, a high BAC does not necessarily mean that you were driving under the influence. It is often difficult to successfully rebut the presumption that if your BAC was high, you must have been driving under the influence — but it is possible.
If you’ve been arrested for DUI, contact the Chambers Law Firm at 714-760-4088 or dchambers@clfca.com. Attorney Dan E. Chambers is experienced at handling all types of DUI cases, and will zealously defend you against DUI charges.
