Generally, the prosecution must have evidence before filing criminal charges against a driver. The court can throw out charges if there is insufficient evidence. However, there are many different kinds of evidence used in DUI cases. Find out more about DUI charges today with the Simmrin Law Group. Just call us at (310) 997-4688 to learn more.
Evidence Requirements in California DUI Cases
Prosecutors will always try to secure a conviction in DUI cases in California. However, drivers should only be convicted if the prosecution shows beyond a reasonable doubt that a driver was operating a vehicle under the influence of alcohol.
Note that California has a blood alcohol content (BAC) limit for drivers. Drivers must have a BAC:
- Below 0.01%, if they’re under 21
- Below 0.04%, if they’re commercial drivers over 21
- Below 0.08%, if they’re non-commercial drivers over 21
This means drivers can face a conviction for a DUI if they take a BAC test and are over the legal limit. However, California also allows for convictions if an individual is impaired and their BAC is not over the limit. In this case, the prosecution has to provide additional evidence.
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Evidence in DUI Cases in Los Angeles
BAC test results often serve as a form of evidence in DUI cases here in California. Drivers are often asked to take a preliminary alcohol screening (PAS) test after a DUI stop. Drivers must take this test if they are:
- Under 21
- On DUI probation
- Already arrested
All drivers in California are legally required to take a BAC test after an arrest. A police officer can perform a blood, urine, or alcohol test. Note that refusing a legally required test can lead to the suspension of your driver’s license in California.
BAC tests are not the only form of evidence used in DUI cases. Evidence can also include the:
- Result of a field sobriety test (FST)
- Testimony from an arresting officer
- Video evidence provided by police officers
Additionally, the prosecution may use physical evidence to build a DUI case. If a driver had multiple empty cans of beer in their vehicle, the prosecution could then use these cans as evidence that a driver had been drinking. Find out more about this situation with the Simmrin Law Group. We’ll help you understand DUI evidence when you call (310) 997-4688.
Disputing Evidence for DUI Charges in California
As you can see, there are many different kinds of evidence used in DUI cases in California. A DUI lawyer in Los Angeles can step in to dispute this evidence in some cases. For example, a lawyer may argue against BAC test results for you.
BAC tests can sometimes return inaccurate results if they are conducted improperly. Police officers have to perform these tests without a set period of time after an arrest, or they can return results that are inaccurate. A lawyer can assess the steps taken by the police officer who gave you a BAC test.
A lawyer can also request a sample of your blood for independent testing if you took a blood test. This independent testing could work against the results provided by the police. This could help weaken the prosecution’s case.
Additionally, your lawyer can take steps to block evidence after a DUI arrest. He or she can work to show that you were stopped without reasonable cause. A lawyer could also show that the police officer violated your rights while gathering evidence. In these situations, the prosecution could lose the ability to use that evidence.
Find out more about how to build a defense to a DUI accusation by contacting us right now. We can stand up for you both in and out of court in California.
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Find Out if You Can Be Charged with a DUI without Evidence
Can you be charged with a DUI without evidence in California? Generally, the prosecution has to show they have evidence before you face a criminal trial for DUI charges. You can get help dealing with DUI charges by contacting the Simmrin Law Group. Just call (310) 997-4688. You can also complete our online contact form.
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