Many people arrested for DUI charges in Anaheim assume their case is hopeless and the evidence against them is solid. However, most of the time, they’re wrong. Police officers, tests, and more can perform errors or mess up investigations. And a good DUI defense lawyer will know how to identify and utilize these issues to win cases for their clients. If you were arrested for DUI, the time is now to get help. You need a great Anaheim DUI lawyer.
Our site was created to connect you with the best DUI lawyer for your case. We’ll look at your specific details and put you in touch with the best person for the job—a job that could prevent a DUI from ruining your life. They’ll also give you a FREE in-depth case evaluation. To get started now, call us at (310) 862-0199.
What Evidence Will Be Used Against Me in a DUI Case?
To understand how an attorney will be defending you and what you’re facing, it’s vital to know the type of evidence that will be used against you. DUI attorneys are experts at using this evidence to seek weak spots. Law enforcement will make DUI evidence seem impenetrable and unquestionable, but this is rarely the full truth.
Here are some of the main types of evidence used against you in DUI cases:
1. How You Were Driving
A DUI that results from being pulled over usually starts with a police officer noticing unusual or unstable driving, such as drifting into other lanes or off the road or weaving back and forth. The officer will decide to perform a traffic stop at this point.
There are more 20 different driving patterns, as listed by the National Highway Traffic Safety Administration, that could be seen as drunk driving. The NHTSA notes these cues “predict that a driver is DWI at least 35 percent of the time.”
Erratic or unusual driving will one of the first factors mentioned by prosecutors in court.
2. Your Behavior
Police officers are trained to look for indications that a driver is intoxicated—and your case will be no exception. Once they pull you over, they’ll look for signs like:
- Watery or bloodshot eyes
- Smelling like alcohol
- Falling over
- Slurred speech
- Trembling hands
- Fumbling with your keys
- Slow verbal responses to questions
While some of these can be clearer signs of intoxication, others could result from innocent factors like nervousness at simply being pulled over.
3. Results of Field Sobriety Tests
There are a number of field sobriety tests (FSTs) an officer may ask you to perform after being pulled over. These tests are meant to evaluate if you’re acting intoxicated or not. Examples of these tests could ask you to walk along a line, stand on one leg, or say the alphabet backward.
(You should know that you are allowed to refuse to perform a field sobriety test if you want.)
4. Blood or Breath Test Results
Many authorities treat these tests, which include portable devices, as the best of the best for DUI evidence — but this is incorrect. Many times, these roadside tests can be unreliable, especially the breath tests, compared with post-arrest tests that happen at a police station or hospital. In fact, sometimes they can be difficult for even a sober person to pass. The accuracy of field sobriety tests has been challenged many times by scientific studies.
In the state of California, a police officer will usually administer a breath or blood test. Urine tests are only utilized if the first two aren’t available.
5. Incriminating Statements
Anything you say after being pulled over for DUI can be used against you, even though you aren’t required to say anything that would incriminate you. Police officers will try to get you to admit to drinking and may ask questions like, “How many drinks have you had?”
It’s always best to be polite to police officers, but without offering any information that could incriminate you. Officers don’t have to read you your rights until you’ve been arrested, but they can still use anything you said, even before they told you those rights, against you. You can simply tell them you want to speak with your lawyer before answering any questions.
DUI defense attorneys know the right strategies to effectively combat these types of evidence. They can point out evidence that doesn’t truly prove drunkenness, such as driving patterns or how officers aren’t always reliable when reporting behavior. Even if an officer has the best of intentions, they can hold biased judgment against a driver they already believe is guilty. Your lawyer will assess audio and video evidence, witness testimony, and more to look for discrepancies. If your rights were violated in the process, they’ll also try to have related evidence thrown out.
What If I Was Arrested for DUI Involving Drugs?
DUI laws for Anaheim apply to driving while under the influence of drugs—both legal and illegal—as well as alcohol. Even recreational drugs that are legal in California, such as marijuana, count if they’re considered as impairments to driving ability. However, the evaluation of drug DUIs is different from alcohol.
There is a legal threshold for alcohol DUI. If you have a blood alcohol content or 0.08 perfect of higher, you’re considered to be impaired. But with drugs, the research isn’t solid enough to have a clear threshold—plus, different drugs can vary in their strengths.
The go-to test for DUI is the breath test, but this test can’t detect drugs like marijuana, so the urine and blood test are more commonly used for drug DUI. An officer might also try both if they first test for alcohol and the results come up low.
Here are some details to know about drug DUIs:
- Since there is no set number yet, any amount of drug in your system while driving can count as a DUI
- The consequences for a DUI arrest involving drugs are the same as a regular DUI—except there is no license suspension right away from drug DUI. However, you will face a license suspension if convicted
- You might face additional drug possession charges along with the other DUI charges. However, this is only if police actually find drugs on you or see you throwing away drugs. Even a blood or urine test doesn’t determine possession
- Even prescription medications and over-the-counter drugs may lead to a drug DUI. It comes down to whether you were impaired. Drugs like Benadryl or prescription pain relievers that cause dizziness or sleepiness can count as impairment
Get Connected with an Anaheim DUI Lawyer Today
An experienced DUI lawyer can assess your case and look for details to help reduce your outcome. Don’t give up hope until you’ve spoken with a legal professional who knows how DUI cases work and how to fight for you. To get connected with a DUI attorney who can start helping right away, and who will offer you a FREE consultation, call us today at (310) 862-0199.
