What Evidence Is Relevant In A DUI Case?
If you are facing charges for DUI, you may feel like it’s an open and shut case and there’s no point in fighting it. Or you might be like one of the many clients who comes to me insisting that the state has “nothing on them.” Either way, you might be wrong. By understanding what evidence the state has against you and how they will attempt to use it, you are taking an active role in your legal process. Once you know what evidence the state can use to convict you of DUI, you can start developing a defense to keep them from succeeding. Through this process, you may also realize that the evidence the state had against you was never actually that reliable or compelling at all. Or you may come across a real stumbling block that you need legal help to overcome. However, this process is an important step toward regaining control of your life. A lawyer can be instrumental in this process, and while many people are reluctant to spend money to hire a board-certified DUI Defense Lawyer, doing so can be life-changing. It could keep employment, housing, and educational opportunities open that may not be with a DUI on your record. If you would like to speak one-on-one to an experienced DeKalb County DUI attorney, reach out to Hawkins Spizman Trial Lawyers and schedule a free consultation.
Types of Evidence in a DUI Case
When you think about evidence in a DUI case, you probably think of a breathalyzer test. However, that is only one of many forms of evidence the state may use to prove a DUI charge. There are two categories of evidence for DUI, direct and indirect evidence. Direct evidence can be more compelling than indirect evidence, however, either or a combination of both, can be used to convict you. This is actually good news, because once we know what evidence is being used to convict you, we can get to work on discrediting it. This is especially easy with indirect evidence, which includes things like field sobriety tests, the smell of alcohol on your person, the manner in which you were driving, or the appearance of being impaired. On the other hand, direct evidence includes things like a confession, eyewitness accounts, a breath or blood test result, and video recordings.
Fighting the Evidence Against You
If you were convicted on the basis of indirect evidence it’s important to fight the validity of the charges. There are many reasons why a field sobriety test can be inaccurate and should not be relied on in court. Field sobriety tests include things like standing on one foot, which can be difficult for people with disabilities, who are wearing high heels, or are standing on uneven ground. If factors like these impact the test scores, it’s important to talk to a lawyer about how to challenge the validity of the results in court. Even direct evidence can be disputed, however. For instance, eyewitnesses may be biased or simply be mistaken about what they saw.
Talk to Hawkins Spizman Trial Lawyers
If you are facing DUI charges in Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, Sandy Springs, or the greater Georgia area, you do not have to navigate the process alone. Hawkins Spizman Trial Lawyers are ready to fight for your best interests. Contact us today to schedule a free consultation.