Every DUI case is different, but most center around at least three key pieces of evidence. All of these may be initially viewed as arguing in favor of the prosecution. But just because the prosecution claims to have proof of a suspect’s wrongdoing doesn’t mean it does. There are multiple ways to question, undermine, and potentially exclude the evidence from trial.
Remember that DUI charges don’t necessarily equate to guilt, regardless of what the prosecution alleges. The seasoned Indianapolis DUI defense firm of Rathburn Law Office P.C. examines the potential evidence in your case.
The Video Evidence
The police will likely have at least one video recording of their encounter with the DUI suspect. Usually, this is in the form of a dash cam or body cam video. Video recordings are some of the most powerful forms of evidence. Many DUI suspects feel intimidated by the prospect of what the police video may show about them in court.
But the video evidence is not necessarily a slam dunk for the prosecution. In many cases, it can actually backfire. Your Indianapolis DUI defense attorney will have a chance to review the video before it is introduced in court. The recording itself may not be reliable for various reasons.
It could also provide evidence that you were not intoxicated at the time of your arrest. The officer may have failed to follow certain required procedures, infringing on your rights. Depending on the circumstances there may be other ways to undermine this piece of evidence.
The Police Report
The arresting officer will generate a police report that summarizes the encounter with the DUI suspect. This report will include observations and other notes made by the officer about the arrest.
Potential weaknesses in the report could be exposed by comparing it to the video. For instance, the officer’s notes about the suspect’s behavior may not match the video evidence. This examination may serve to bring the officer’s judgment and reliability as a witness into question.
The report could also include the identities of other witnesses. These individuals may be reported to have observed the suspect’s allegedly intoxicated behavior. But they might not necessarily agree with what is noted in the report.
Witness testimony can also be questioned if it turns out to be in favor of the officer’s notes. As an example, the witness may not have had the chance to actually observe what is described in the report.
Breath, Blood, or Urine Test Results
These tests are often described by the prosecution as if they are smoking guns. As with the other forms of evidence, however, your Indiana DUI lawyer can raise questions about them.
For the breath test, the breathalyzer device may not have been correctly calibrated. Any other device used to test the breath, blood, or urine could have malfunctioned. The test results and the methods used to preserve or analyze the sample may also be questioned.
These tests should be accompanied by a written report. This report may reveal weaknesses in the prosecution’s case and will be scrutinized by your Indiana DUI defense lawyer. Finally, there may be issues with the chain of custody, which concerns the various individuals who handled the test sample. If the prosecution cannot prove who handled the evidence at a certain place and time, it could be excluded.
Defending the Rights of Indiana DUI Suspects
One role of an Indiana DUI defense lawyer is to take a close look at the prosecution’s evidence. When weaknesses are exposed in that process, they can quickly unravel the case against the accused. The charges could be reduced or potentially thrown out, depending on the circumstances.
Let Rathburn Law Office P.C. get to work analyzing the evidence against you and building a defense in your favor. Contact us today to get started.
