Types Of DUI Evidence The Prosecutor Will Use In Los Angeles Criminal Court
When it comes to driving under the influence of alcohol, the law enforcement authorities can be genuinely ruthless and unforgiving. This is due to the fact that more and more people are injured or even killed during the Los Angeles DUI accidents every year.
With that said, if your Los Angeles drunk driving case is going to go to court, it will be the prosecutor’s job to prove beyond any reasonable doubt that you were in fact operating your vehicle under the influence of alcohol. Sure enough, the prosecutor is going to use all the available evidence against you.
More information is available at Los Angeles DUI criminal defense lawyer website.
First of all, the BAC test results are extremely important when it comes to the Los Angeles DUI cases. Blood Alcohol Concentration tests usually come in two variations – breath test or blood test. Now, some people have certain conditions that will not allow them to take a certain test. For example, people, who are suffering from asthma are more likely to be physically unable to take the breath test. Of course, the law enforcement officers are going to ask them to submit themselves to the blood test instead. There are certain cases, when a person cannot take either test at all. Unfortunately, even if that person is physically unable to take the tests, it will be considered a refusal by law. Refusal to take the tests is penalized additionally in line with the legal regulations.
The legal BAC threshold is .08% of alcohol in a person’s blood. If you were driving with a higher blood alcohol concentration, it is considered that you were driving under the influence of alcohol. However, the law does not specify that a person cannot be driving under the influence of alcohol even with a lower BAC result.
Secondly, the prosecutor is going to use the police report as evidence in a DUI case. The arresting officer was writing down his or her observations on the scene. He or she was observing how you were behaving – the way you moved, the way you spoke, your eyes and a number of additional factors that might be pointing out that you were intoxicated. Of course, the court is going to be more favorable to the police report than to your own words.
Witness statements as well as testimonies can also be used against you by the prosecutor.
Hence, it is apparent that you will need solid defense strategy if you are planning on countering all the evidence. This is one of the many reasons why you will need to get in touch with a qualified as well as genuinely experienced Los Angeles criminal defense attorney at the earliest opportunity. Only a good lawyer will know how to back you up and how counter all the evidence that is being presented against you. One of the more common defense strategies is raising the question on whether the law enforcement officers had any reasons to pull you over in the first place. Without such a reasons, there can be no case to begin with.