You can face a difficult legal battle if you are accused of driving under the influence (DUI) in California. Prosecutors can work to gather evidence to use against you. They may use reports regarding your blood alcohol content (BAC) and witness statements as they try to secure a conviction.
Proving that some of this evidence is inadmissible could help strengthen your defense. The Simmrin Law Group can help you understand what kind of evidence is inadmissible in court for a DUI case in California. Find out more right here.
Defining Admissible Evidence in DUI Cases
Before we discuss inadmissible evidence, we need to develop an understanding of what makes evidence admissible in court. All evidence accepted by the court system in California must demonstrate:
We consider evidence reliable when it is supported by known facts. The results of tests and studies would be likely be considered reliable, for example. Likewise, someone’s personal opinion on an issue is frequently unreliable.
Admissible evidence must directly relate to the charges you are facing in court. Information that cannot prove or disprove the charges you are facing should not be admitted to the court.
Reviewing Types of Inadmissible Evidence
Now that we’ve reviewed the basics of admissible evidence, we can discuss inadmissible evidence in Los Angeles. Evidence that is neither reliable nor relevant could be blocked in your case. This means it could not be used against you.
Some common examples of evidence that may be deemed inadmissible in court can include:
Evidence That Was Gathered Illegally
Law enforcement officers in California are required to respect your rights, even during a DUI arrest. If a police officer stopped and detained you without due cause, for example, the evidence they took could be deemed inadmissible in court.
Evidence That Was Gathered Improperly
In many cases, DUI cases use the results of BAC tests as evidence. These tests must be performed carefully in order to return accurate results. If a police officer failed to follow proper procedures while performing a breathalyzer test, for example, it’s results could be disputed in court.
Evidence Outside the Facts of the Case
Sometimes, prosecutors attempt to bring in evidence that does not directly relate to the charges you are facing. This evidence is sometimes considered prejudicial material, as it could upset the jury and it is not explicitly relevant to the charges you are facing.
Types of Evidence Used in DUI Trials
Your DUI case may involve many different pieces of evidence. Generally, prosecutors will attempt to gather evidence to prove that:
- You were driving a vehicle
- While intoxicated
Prosecutors can use the testimony from other drivers or police officers to establish that you were driving a vehicle. Photographic evidence could also be used. Additionally, anything you say to prosecutors or police officers could be used against you. For this reason, it is highly recommended that you do not discuss your charges until you’ve spoken to a criminal defense lawyer in Los Angeles.
You can only be convicted of a DUI if the prosecution can prove that you were intoxicated while operating a vehicle. Often, prosecutors use the results of chemical BAC tests as evidence.
Disputing Evidence in Your DUI Case
A DUI lawyer in Los Angeles can take steps to dispute the evidence against you after your arrest. Your lawyer can:
- Question the memory of witnesses at the scene
- Work to show that a law enforcement officer had no reasonable cause to stop you
- File a motion to suppress unreliable or irrelevant evidence
Even the results of BAC tests can be disputed in California. Some BAC assessments, such as the breathalyzer, have a reputation for returning inaccurate results. Your lawyer could work to show that you received false-positive test results, or that a police officer did not properly perform the assessments.
Additionally, if you agreed to a preliminary alcohol screening (PAS) because you thought it was required, the results could be challenged. Drivers over 21 without prior DUI arrests are not legally required to complete a PAS test.
Get Help Handling DUI Cases in California
The Simmrin Law Group can help you take on DUI cases in the state of California. We can work to block and dispute the evidence brought against you by prosecutors. Let our DUI lawyers in Los Angeles get started today by offering you a FREE consultation.
Take charge of your future by completing our online contact form or calling (310) 997-4688 to speak with legal professionals who understand what it takes to successfully resolve DUI charges in California.