In a DUI case, various facts can be used to prove or disprove a driver’s intoxication. Typical evidence includes the police report and breath or field sobriety test results. However, independent witnesses can also attest that the person did not appear intoxicated. Physical evidence could show that the driver was driving under the speed limit and following all traffic laws when they were pulled over.
Evidence in Shelton DUI cases can take many forms, making it important to work with a lawyer who knows what to look for in building a strong defense. Ruane Attorneys can provide the representation you need to resolve your case and protect your rights.
Evidence in the DUI Discovery Process
The discovery process involves a Shelton DUI attorney requesting evidence from the state to build a defense to the charges. The state routinely provides written police reports and video footage, if available. Evidence can also include reports from the blood, breath, or urine test machines, although this typically requires a court order to obtain.
Discoverable materials can include:
- Police narrative reports
- Printouts from the breath test machines showing the date of the last calibration and the breath alcohol content
- Blood samples if the person was taken to the hospital
- Samples from the state police laboratory
- Any videos the police have on body-worn cameras or dashcams
Our lawyers in Shelton can take the lead in requesting this evidence in a DUI case.
Independent Blood and Urine Testing in Shelton
Independent blood and urine testing involves the defendant giving a blood, urine, or breath sample close to the time of the arrest. An expert toxicologist can use this sample to extrapolate their blood alcohol content when they were driving. The results of these tests can be used as evidence in court if the defense lawyer can show the sample’s chain of custody, that it was kept at a proper temperature, and that it was logged at a particular expert’s lab.
However, this is a time-sensitive process, making independent test results a rare form of evidence in Shelton DUI cases. A local attorney might recommend gathering this evidence in DUI cases involving severe injuries or fatalities to prove that intoxication did not lead to the accident.
Search and Seizure for Evidence in DUI Cases
Search and seizure in DUI cases generally means searching the motor vehicle for evidence of the driver’s intoxication, such as empty beer bottles. An unreasonable search is any search of a person or their property without a reasonable basis to believe they committed a crime. Police must have probable cause to pull over a driver and search their vehicle for evidence of intoxicated driving.
A warrantless search is conducted by the police without a court order permitting the search of the person or place. To procure a search warrant, the police must have sufficient evidence to support the prosecution of the charges. They must also provide proof that the information they seek exists in the place they are asking to search. As the lawyers at Ruane Attorneys can explain, a search warrant request for evidence in a DUI case must justify both the search and the location.
Contact a Shelton Attorney to Discuss DUI Evidence
When facing intoxicated driving charges, you need to work with an attorney who can gather crucial information for a strong defense while protecting your constitutional rights. If the police violated your rights in obtaining evidence, a lawyer could work to get the evidence excluded from trial.
Ruane Attorneys is prepared to investigate evidence in Shelton DUI cases and represent those accused of drunk driving. Contact our firm today to get started on your case.