Always remember that your own statements can be used against you.
When it comes to proving a DUI case, a prosecutor’s job seems fairly straightforward: show that someone was driving and that they had alcohol in their system, and that’s enough for a conviction. But the science of how our bodies metabolize alcohol is complex, and witness testimony isn’t always reliable, making it possible for a skilled DUI lawyer in Irvine, CA to defend against DUI charges. So how exactly does a prosecutor prove a DUI case?
In most DUI prosecutions, the state will rely heavily on the testimony of the police officers who arrested you. These officers will first testify about what led to the traffic stop: your driving. They may state that you were weaving in and out of traffic, that you drove with your headlights off at night, that you hit a parked car, or even that you were driving too slow. Any sort of abnormal, unsafe or just odd driving could provide cause for an officer to pull you over to determine if you are driving under the influence.
Next, the officers will testify about your appearance and your behavior. The officers will likely discuss whether your eyes are red, bloodshot or watery, and if you looked or acted drunk. Perhaps you smelled of alcohol, or you had trouble remaining upright. If you slurred your words, were combative or showed other signs of intoxication, the officers will testify about how you appeared to be intoxicated.
The prosecution may then use the officers to introduce a key piece of evidence against you: you! If you made statements to the police when you were pulled over, they may be used against you in court. Even if you think that you were helping yourself — “I only had two beers” — these statements will rarely be beneficial. For example, if you said that you just had one drink, but then your chemical test shows a very high blood alcohol content (BAC), then the prosecution will use those words to show that you lied. That is why an experienced DUI lawyer in Irvine, CA advises clients to exercise their right to remain silent when pulled over by police on suspicion of driving under the influence or any other crime.
Similarly, if you were asked to take a field sobriety test, this could also be introduced as evidence against you. You are not required to take field sobriety tests, but many people do not know this. They often perform them when officers ask, and the videotaped results are shown in court, which can lead to a conviction. If asked, you should politely refuse to perform a field sobriety test.
Finally, the prosecution will likely introduce the results of a chemical blood or breath test. If the results show that your BAC was above .08 percent (lower if you are under the age of 21, on DUI probation or were driving a commercial vehicle), you may be convicted of a DUI.
A skilled DUI lawyer in Irvine, CA can often poke holes in each of these pieces of evidence. There are factual and legal defenses to DUI charges, and an attorney who is knowledgable about California DUIs can often utilize his experience in this field to successfully get DUI charges reduced or dismissed. The Chambers Law Firm represents clients who have been charged with DUIs in Irvine and the surrounding areas. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
