It may be surprising to learn that there is a lot of evidence in every Orange County DUI case. All of the evidence must follow strict rules and protocols to be admitted in a trial. Below are some of the types of evidence that are integral parts of a DUI investigation:
DUI Blood Evidence
You are required by law to submit to a blood or breath test after an arrest for driving under the influence. A blood test tends to be more accurate than a breath test but is subject to strict evidential standards. The machine that the blood is run on must be properly maintained and calibrated in order to give accurate results. Failure to maintain the blood machine can result in blood alcohol level results being misrepresented.
DUI Breath Evidence
There are often two breath devices used in DUI cases. The first is a preliminary alcohol screening test. Known as a PAS device, the test is done prior to arrest and is not an evidentiary test. You are not required to submit to a PAS test unless you are on probation for a DUI or are under the age of 21. A PAS device must be properly calibrated and maintained in order to give accurate results. Improper instruction and operator error also cause inaccuracies in PAS results.
After an arrest for a DUI you must submit to an evidentiary test. You have the choice between a breath or blood test, but the test is mandatory. The evidentiary breath test is subject to the same inaccuracies as a PAS test.
Audio and Video Evidence in a DUI Case
Many police officers in Orange County have digital audio recorders on their lapel and police dash cams on their patrol vehicles. A leading DUI defense attorney can subpoena these recordings to review for issues in the case.
Dispatch Logs and 911 Recordings
Dispatch logs and 911 recordings may prove invaluable to a DUI case. The recordings can determine the credibility of the officer’s testimony and may be used at both the DMV APS hearing and at criminal proceedings.
There are many other types of evidence in an Orange County DUI case that may lead to a reduction or dismissal of the charges against you. Our experienced DUI lawyer in Orange County that will work hard to obtain all evidence in your case. He will interview witnesses, collect supplemental reports and consult Orange County DUI experts for both the DMV Administrative Per Se Hearing and California criminal court case.