A DUI defense requires close observation of each detail surrounding the charge. What happened during the traffic stop? Which tests were conducted and how? What was recorded in the police report? Does the available evidence support the allegations being made? These questions matter the most when a drunk driving lawyer takes up your case. Their focus is on evaluating the evidence collected during the investigation and assessing how it affects your defense.
But which types of evidence are typically reviewed in a DUI case? In this blog, we look at these in detail and discuss how they help your attorney prepare your defense.
Types of Evidence Examined by Your DUI Lawyer
There are many different types of evidence available in a drunk driving case. The most crucial ones that your DUI lawyer analyzes are:
- Breathalyzer Results:
The breathalyzer process in Denver follows two stages: the preliminary breath test (PBT, conducted at the roadside) and the evidential breath test (EBT, conducted at the police station). If the PBT indicates alcohol content above the legal limit, you may be required to visit the police station for an EBT or a blood test.
If your readings exceed the legal limit, they become crucial evidence against you. To challenge the EBT results, your Denver criminal lawyer can examine whether there were issues with the testing process, equipment, or other circumstances that could affect the reliability of the results.
- Blood Test Results:
If your blood sample is taken, your attorney will check the chain of custody (who handled the sample and in what sequence). They will also check whether the sample was stored and examined under proper conditions.
Some other important aspects include whether the blood draw was done by an authorized phlebotomist within the required time frame, and whether any medical condition, medication, or other circumstance could be relevant to interpreting the results. Errors in handling the biological samples may make the results objectionable.
- Police Reports and Investigation Documents:
The prosecution’s case is primarily built on police reports and investigation documents. A Denver criminal attorney reviews these aspects very closely. Their goal is to check the accuracy of the facts recorded, such as the time, location, and observed behavior of the accused.
They also look for inaccuracies in procedural compliance during the arrest and the testing process. A skilled lawyer will also examine whether the arresting officer had valid reasons to stop the vehicle and whether they provided the accused with the required caution before recording their statement.
- Video Footage:
Video footage in a DUI case can come from various sources, such as:
- CCTV camera at the arrest location
- CCTV camera at the police station
- In-car camera
The drunk driving lawyer will request video footage from all possible sources and assess it to identify procedural breaches or inconsistencies. The footage may also show whether the driver’s behavior was actually impaired, whether police procedures at the checkpoint were followed properly, and how the roadside breath test was conducted.
- Witness Statements and Testimonies:
Any individual who observed the roadside stop and breath test, or the steps after that, can be a witness. These include passengers, bystanders, or even the police officers who conducted the stop. A Denver criminal attorney will assess the witness accounts for consistency and reliability.
For this, they record all witness statements and then compare them against each other and also against the physical evidence available. If any contradictions are identified, they form the basis of the defense and can help your attorney challenge the prosecution’s claims.
Discuss Your DUI Case With an Attorney from Krizman Law Firm
Facing a DUI charge in Denver? You will find the most reliable Denver criminal defense attorney at Krizman Law Firm who can help you understand your case better and analyze the evidence involved thoroughly. Their team knows how to review the circumstances of your case and provide appropriate guidance regarding the legal process and the next steps.
FAQs
- What happens if there are inconsistencies in the DUI evidence?
Inconsistencies suggest that the accuracy and reliability of the evidence may be questionable. A Denver criminal lawyer can review these and determine whether they are relevant to your defense.
- Can a DUI lawyer help if the evidence against me seems strong?
Yes. Even if the evidence seems strong, a DUI lawyer can still review how it was collected, processed, and presented. This helps them identify potential issues. They can also explain your legal rights and options in a clear and transparent manner.
- What should I tell my drunk driving lawyer about my arrest?
Share everything you remember about the traffic stop, testing, arrest, and conversations you had with law enforcement officials. This will help your Denver criminal defense attorney understand the circumstances better and create a strong defense strategy.
- How long does a DUI defense investigation take?
The timeline varies from case to case and can depend on the amount of evidence involved, the availability of records or video footage, and whether additional investigation is needed from the Denver criminal attorney.
Final Thoughts
Evidence can shape how your DUI case is evaluated and what issues your defense attorney can challenge. From test results and police reports to video footage and witness accounts, each piece of evidence can provide important context about what happened. A detailed review helps your DUI lawyer understand the prosecution’s case and determine the appropriate legal strategy.
Need help understanding your DUI case better? Speak to a specialist at Krizman Law Firm now!
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