CALIFORNIA CRIMINAL LAWYERS

Los Angeles DUI Evidence

DUI Charges: Understanding the Evidence and Why You Need an Experienced Los Angeles DUI Attorney

Driving under the influence is a crime that is treated differently than many other criminal charges. It is because the officers handling the case can apprehend an individual based on reasonable suspicion that the driver was legally impaired while operating a vehicle. Unlike other criminal charges, officers can make an arrest for DUI suspicion without the need for an arrest warrant.

However, there are specific procedures and limitations set forth in the US Constitution that must be followed by police officers when conducting an investigation on a suspected DUI case. All pieces of evidence acquired must not breach the constitutional limit regarding search and seizure, including illegal drugs seized that may be possessed by the suspect. Even if the substance the driver was under isn’t alcohol, the state of California is still serious about prosecuting all cases of impaired driving.

Evidence is the key factor in prosecuting DUI cases. A Los Angeles DUI attorney with experience can inspect each piece of evidence and make sure they are admissible while crafting a defense strategy that can lead to case dismissal or reduction of charges.

Types of Evidence Found in DUI Cases

1. Alcohol DUI Evidence

Alcohol DUI cases are centered around the breathalyzer analysis, which provides a precise number the state can use to prosecute the defendant. If the reading of the blood alcohol concentration is .08 or higher, the charge is considered valid. The arresting officer’s testimony also plays a crucial role in these cases because it serves as supporting evidence. The officer’s demeanor during the arrest and handling of the situation plays a significant role in the case’s outcome. Any misconduct by the officer can lead to the dismissal of evidence or the case entirely.

2. Non-Alcohol DUI Evidence

In cases that do not involve alcohol, it can be challenging to find probable cause for an arrest since the breathalyzer test is unreasonable and often does not apply. However, officers train to identify specific drug-related behaviors during a field sobriety test. These tests establish general intoxication or detect behavior patterns peculiar to a particular drug. There is only a potential blood test evaluation to serve as supporting evidence in these cases. The officer who conducted the field sobriety test and the testimony they provide is central to the outcome of the case.

Given the fact that there is no tangible evidence in these cases, the officer’s testimony is the supporting evidence. All evidence that supports the intoxication charge must be seized consistent with proper warrant requirements. A Los Angeles DUI attorney can assess all evidence for admissibility while crafting a defense strategy that can lead to charges’ dismissal or reduction.

3. Blood Sample Evidence

A recent U.S. Supreme Court decision has changed the method in which blood samples are acquired during DUI investigations. Suspected drunk drivers can only be ordered to provide blood samples under implied consent doctrine when a warrant is issued by a judge of jurisdiction before the test. However, most DUI arrests occur at night or on weekends, which makes it difficult for officers to obtain a warrant from a judge. The process of how the test conducted and who performed the test is also central to the case’s outcome. A certified lab technician must conduct the test, and all procedural rules must be followed during the sample’s transportation to prevent evidence contamination. All mechanical measurement equipment used must be inspected and calibrated regularly, just as with any breath analysis device.

Conclusion

An experienced Los Angeles DUI attorney can move to get problematic evidence dismissed or suppressed and ensure anyone facing DUI charges gets a fair trial. Evidence is the key factor in prosecuting DUI cases, and it is essential to have a skilled attorney on your side to ensure that every aspect of the case is handled appropriately. Contact Todd Spodek Law Firm and get a skilled Los Angeles DUI attorney who has what it takes to handle your case.