After being charged with driving under the influence of an intoxicating substance (DUI), a defendant must decide whether to plead guilty to the charges or go to trial. Once the decision to go to trial has been made, it is important to review all of the evidence that the prosecutor may try to use. The prosecutor is legally required to turn over incriminating evidence, which is very important when building a defense. Generally speaking, building a good defense means figuring out how to keep incriminating evidence out of the courtroom.
Incriminating Evidence
Most of the incriminating evidence that a prosecutor will attempt to use will be taken from the police report. The police report will explain why the police officer became suspicious that the defendant was driving while intoxicated, what facts were used to establish probable cause, and what happened after the arrest. Two of the most important pieces of evidence, the Field Sobriety Test results and the Breathalyzer test results, will be included in the police report. If a defendant failed the Field Sobriety Test and had a Blood Alcohol Content (BAC) above the legal limit, the prosecutor will probably seek to have those pieces of evidence admitted during the criminal trial.
Probable Cause
Before making an arrest, officers must establish “probable cause,” which means that based on the totality of the circumstances it is more likely than not that the defendant committed the crime. One of the ways to keep incriminating evidence out at trial is to attack the process used to procure that evidence. Showing that a police officer did not have probable cause to make an arrest may prevent the prosecutor from using evidence acquired after the unlawful arrest. In a DUI case, that includes one of the most important pieces of incriminating evidence: the Breathaylzer test results. It is very difficult for a prosecutor to prove that a defendant was intoxicated without BAC evidence.
The Field Sobriety Test
Although Field Sobriety Tests are often used to establish probable cause, some states do not allow prosecutors to admit the test results as evidence of guilt during the criminal trial. Moreover, preexisting medical conditions may result in a failed test even without intoxication. Drivers may even refuse to take a Field Sobriety Test completely. If they do, the prosecutor may be able to introduce evidence of that refusal, but that is far weaker evidence than a failed test. For those reasons, it is important to examine the circumstances surrounding the Field Sobriety Test to see if there is any reason to exclude that evidence.
When to Talk to an Attorney
It is important to talk to a qualified attorney as soon as possible after being charged with a DUI. That attorney can help build a defense by evaluating all of the evidence and figuring out how to keep the bad stuff out of court.
