Having a conviction for driving under the influence of an intoxicating substance (DUI) on one’s criminal record can cause a lot of problems. A person may be have to admit to being convicted of a crime on a job or housing application, which may effect their ability to qualify. Especially for first time DUI defendants, it is important to consider whether the case can be beat if it goes to trial.
The Prosecutor’s Burden of Proof
To win a conviction in a criminal case, the prosecutor must prove beyond a reasonable doubt that the defendant committed the crime. In a DUI case, that means that the prosecutor must have enough evidence to prove that the defendant drove while intoxicated. Typically, the first place a prosecutor looks for such evidence is in the police report. Several things will help a prosecutor’s case:
Defendant’s Driving
DUI cases often begin with a police officer pulling noticing that a vehicle is being driven erratically. For example, a car may cross the center line, drive outside of their lane, drive too slowly, or swerve across multiple lanes. If any of those things occurred, the police officer will make note of it in the police report, and the prosecutor will probably use it as evidence in a subsequent criminal case.
The Field Sobriety Test
Before arresting a person for driving while intoxicated, the police officer must establish probable cause, which means that it is more likely than not that the person drove while intoxicated. One of the most common ways that police establish probable cause in a DUI case is by administering a Field Sobriety Test. If the driver fails these tests, it will be noted in the police report and could be used as evidence during a criminal trial.
The Breathalyzer
After being arrested and booked for DUI, a defendant is normally asked to take a Breathalyzer test. The test measures the amount of alcohol in the defendants breath, which is used to estimate their blood alcohol contact (BAC). If a person’s BAC is above the legal limit then that is strong evidence that they drove while intoxicated. Most likely, a defendant’s BAC will be used as evidence in a criminal case.
The Defense
Because most of the prosecutor’s case will depend on evidence gathered from the police report, it is important to determine whether the evidence contained in that report is strong enough for a conviction. If, for instance, a defendant refused to take a Field Sobriety Test and their BAC was below the legal limit, they may be able to beat the case.
Talk to an Attorney
It is important to go over the specific circumstances surrounding a particular DUI case with a qualified attorney who can evaluate the evidence and provide an opinion as to how the case will likely turn out at trial.
