Charged with DUI? Don’t lose hope. No one, not even the most “obvious” and foolhardy drunk drivers are immediately found guilty if someone is arrested for DUI; the burden of proof lies with the prosecution and they have to show conclusive proof during the trial that the driver was indeed driving under the influence.
To support their allegations, the prosecution can present evidence obtained from the police when presenting their case. Thankfully, a Las Vegas DUI / DWI lawyer can dispute many of these claims for their defendant. Here’s what the prosecution usually use as evidence in a DUI case:
Officer statement and reports – After stopping a suspected drunk driver, the police officer will take note of various details of their report, like the state and demeanor of the suspect, and the presence of alcoholic beverages or containers in the vehicle, if any. While this may seem like a point that the prosecution can use, a skilled defense lawyer may be able to find a mistake in their report, or even realize that the reports are faulty or even fake. There have been numerous cases of police officers falsifying reports and arresting people for DUI even if they did not drink any alcohol at the time of the arrest. If the arresting officer has a history for any one of these, it will ruin the credibility of their report.
Witness testimonies – Another weapon in the prosecution’s arsenal are witness testimonies. It’s possible that the defendant was seen leaving the bar by the bartender or other patrons, entering their vehicle, and driving away. Of course, all lawyers know that witness testimonies are imperfect, just as memories are. With this fact in mind, criminal defense lawyers may be able to argue that they are mistaken about the facts of the case.
DUI Tests – Blood, urine, and breath tests may seem next to impossible to prove wrong, but don’t be surprised that they are imperfect as well. While most of these devices can be accurate for most situations, it is a possibility that the device was used by an inexperienced officer, or was not configured or functioning correctly.
Field sobriety tests – Every DUI lawyer will tell you to refuse performing field sobriety tests; these are not mandatory, no matter what the officer tells you. These tests are inherently unfair and do not take into account other factors that can affect the suspect’s performance.
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