The prosecution uses evidence to build a case against drivers accused of driving under the influence (DUI). Many drivers first think of the results of their blood alcohol content (BAC) tests when they imagine evidence for DUI charges.
You may wonder if you can be charged with a DUI without evidence. Find out how California regulates the prosecution of DUI cases right here with the Simmrin Law Group. Get help standing up to prosecutors by calling (310) 997-4688 to get legal help.
Understanding Evidence in California DUI Cases
You cannot be charged with a DUI without evidence in the state of California. However, what many drivers do not realize is that BAC test results are not the only form of evidence available to prosecutors. In fact, you can be charged and convicted of a DUI even if you never took a BAC test.
Prosecutors may also support their case against you with:
- Sworn statements by law enforcement officers
- The results of field sobriety tests (FSTs)
Let’s review different types of evidence used in DUI cases in greater detail right now. Understanding the evidence you can face can help you focus on your legal options for handling DUI charges.
BAC Tests Results as Evidence for a DUI
The results of a BAC test are often the keystone of a DUI case in California. Drivers may always be charged with a DUI if their BAC exceeds the legal limits in California. This means drivers must keep their BAC:
- Below 0.01% if they are under 21
- Below 0.04% if they operate a commercial vehicle
- Below 0.08% if they are over 21
You may complete a breath, blood, or urine test to measure BAC in your system. Breath and blood tests are more common. Note that you are legally required to complete a BAC test if you are arrested for a DUI. Refusing this test can result in an automatic license suspension. If you refused a BAC test, you can get help from a criminal defense lawyer in Los Angeles by calling (310) 997-4688.
Officer Observations as Evidence for a DUI
Let’s say that you refused a BAC test after an arrest, believing that this would prevent the court from gathering evidence against you. Prosecutors may then question the officer who arrested you about your DUI. Officers can provide evidence for the prosecution by testifying about:
- Evidence of drinking found in your vehicle
- Physical indications that you were impaired, such as slurred speech
- Your driving behavior prior to the DUI stop
Technically, you can be convicted of a DUI in California just for driving a vehicle while inebriated, even if a law enforcement officer does not know your exact BAC level. This means that an officer’s observations about your driving, your physical state, and your vehicle may lead to DUI charges.
FSTs as Evidence for a DUI
Finally, you may be asked to complete an FST after you are stopped for a DUI. You should be aware that you are legally allowed to decline an FST UNLESS:
- You are under 21
- You are on DUI probation
During an FST, you will be asked to perform a number of acts to demonstrate that you can control your body. A failure on an FST can be used as evidence that you were operating your vehicle while under the influence of drugs or alcohol, even if you do not complete a BAC test.
Disputing Evidence During a DUI Case in California
As you can see, you can face multiple forms of evidence if you are accused of a DUI in California. Fortunately, a DUI lawyer in Los Angeles can take steps to dispute this evidence. Your lawyer may work to show that:
- You were stopped without reasonable cause
- Your sobriety tests were administered improperly
- You were not impaired at the time of your arrest
Getting help quickly can allow your lawyer to block some of the evidence used by the prosecution. Limiting the evidence can help your lawyer get your charges reduced or even dismissed in some cases. Get started today by contacting the Simmrin Law Group for help.
Speak to a Lawyer if You’re Charged with a DUI
You cannot be charged with a DUI without evidence in California. However, there are many different types of evidence that can be used by the prosecution. Work to block or dispute this evidence now with the Simmrin Law Group. Speak with us today by calling (310) 997-4688 or completing our online contact form.
You can review your legal options with a FREE consultation from our DUI lawyers in Los Angeles.