CALIFORNIA CRIMINAL LAWYERS

DUI and Circumstantial Evidence

Circumstantial Evidence in a DUI Arrest: A Comprehensive Guide

If you’re driving in Los Angeles coming from a party or dinner where alcohol was served, the chances of a DUI arrest are high. It’s not mandatory for a police officer to catch you drinking or using drugs to arrest you. If you’re alleged to be impaired, accused drivers’ license suspension and criminal prosecution can happen quickly. Many times an accused driver tries to defend license suspension, arguing that he or she was not caught drinking or driving. However, this strategy doesn’t work!

In Los Angeles, an experienced attorney is necessary to navigate through the criminal and administrative process of a DUI arrest. You need competent and aggressive defense to contest driver’s license suspension, criminal prosecution, and circumstantial evidence. As a result, if you face a DUI charge in Los Angeles, you should contact the law offices of Todd Spodek to safeguard your legal rights.

Circumstantial Evidence in a DUI case

According to California state law, a fact may be proved by direct, circumstantial evidence, or a combination of both. Direct evidence proves the fact by itself. So if a police officer says that she saw the defendant driving a car- it is considered direct evidence.

While circumstantial evidence indirectly proves a fact, it can be used to consider other facts by the jury to determine the truth of the case under consideration. For instance, the defendant’s poor performance on a breathalyzer test is considered circumstantial evidence.

In case the breathalyzer test is accurate, and the defendant’s blood alcohol level (BAC) is above the legal limit of 0.08 percent, it’s likely that the defendant was impaired at the time the test was administered.

Using Circumstantial Evidence to Prove DUI

A prosecutor can use circumstantial evidence with one or more facts to demonstrate that poor performance on a field sobriety test is evidence that the accused driver was too intoxicated to drive the vehicle.

But a competent Los Angeles DUI attorney can challenge the prosecutor’s claims. It’s essential to know that defendants may be convicted based on weak circumstantial evidence. A jury in Los Angeles is allowed to use and consider circumstantial evidence to determine guilt as per the CALCRIM No. 224. An experienced DUI defense attorney in Los Angeles understands the law and knows how to challenge it in court.

It’s possible to question the defendant’s poor performance on a sobriety test in many ways. For instance, if the defendant is diabetic or has various chronic medical problems, high ketone levels may explain the ruddy skin and a smell of alcohol on the accused person’s breath. Additionally, the police officer might not have administered the breathalyzer test accurately.

The jury must consider these factors, and it’s up to the defense counsel to point out the differences between direct facts and circumstantial evidence. Without the services of experienced defense counsel, it may be all too possible for an accused driver to be determined to have been driving under the influence if their BAC is too high.

Hiring an Experienced DUI Lawyer in Los Angeles

When facing a DUI charge, it’s not to plead guilty right away. Until the verdict is passed, you are presumed innocent in Los Angeles. You have the legal right to challenge the arresting officer unless you enter a guilty plea.

Therefore, it’s essential to hire an experienced Los Angeles DUI attorney to contest the charge. At Todd Spodek’s Law Office, we have a team of competent lawyers that will help you navigate the criminal justice system and administrative process of a DUI arrest.

Don’t face a DUI charge on your own. If you or someone you know has been arrested on a DUI charge in Los Angeles, contact Todd Spodek’s Law Firm now.