How Prosecutors Prove a California DUI Case
This is an important topic because I think this is where many people's confusion stems from in a DUI case. Often, when I talk to them, they tell me what a good person they are; they have a good job and a good family, and they're not keying in on some of the crucial issues of how the prosecutors can prove a DUI case.
First, as soon as the police start following a vehicle, if they suspect that that vehicle is involved in a driver being under the influence of alcohol or some other substance like Marijuana, prescription medication, or any other illegal drugs, they're going to observe the person's driving.
People under the influence of alcohol are usually swerving all over the road, not going with the flow of traffic, not paying attention — dangerously. You can see them yourself when you're out on the freeway at night. So, that's the first thing they're doing. They're observing the person's driving.
If somebody got in an accident, that would be one way to prove that they couldn't safely operate a motor vehicle because they got in an accident. Another way is that the police immediately evaluate that person for signs of some intoxication as soon as they contact the person.
How are they talking? Are they slurring their speech? Are they making no sense? The police ask many questions to try to trip the person up.
Where were you coming from? Where are you going? Do you know where you are right now? They're evaluating the person and whether they're acting normally under the circumstances. If their breath smells like alcohol, that's something the police will note.
They're also going to have the person get out of the car, especially if they are stupid enough to tell them they had some drinks that night or that they were at a bar or coming from a bar.
Then, they're going to look and see how the person was walking. If a person is staggering and can't walk a straight line—if they can't cooperate with the police—they're going to look and see how the person was walking.
They're looking to see if the person can follow instructions. Drunk people don't have that capability. They can't cooperate.
Driver Can't Pass DUI Field Sobriety Tests
And then, of course, part of the investigation and part of the way they're going to try to prove a DUI is if they can make the argument the person can't pass the field sobriety test that they have them perform.
These are all ways to prove a DUI because you're going to get charged with two sections. One is Vehicle Code Section 23152(a), which says you had alcohol in your system or other drugs and couldn't safely operate a motor vehicle.
It's important to note that the .08 law (CALCRIM 2111) is a significant factor in DUI cases. If you can't drive safely and have alcohol in your system, it's relatively easy for the prosecutors and police to prove a DUI.
Blood Alcohol Level
The other Section, 23152(b) of the Vehicle Code, says you have a .08 or greater blood alcohol level. Therefore, the law will presume that you can't safely operate a motor vehicle.
If they can prove you blew a .08 or greater, there's a presumption in the law that you're DUI, and you have to try to rebut that presumption with other evidence. So, of course, the breath machine is another tool they use to prove a DUI case.
Of course, they'll also try to take your blood. That's the most accurate test, and if they can get a blood result that puts you at a .08 or greater, that's another way they can prove the case. If you admit you were drinking, that's another way they can prove the case.
So, they try to put all these things together in front of a jury to show that you could not safely operate motor vehicle number one. Number two, some alcohol or other drug intoxicated you — whether it be Marijuana, prescription medication, or some other illegal drug like cocaine, heroin, or ecstasy — all ways to prove a DUI.
Defending DUI Charges
The defense has the opportunity to cross-examine each witness, present any mitigating circumstances, and call experts who can challenge the .08 or greater blood alcohol level. The defendant can also testify and present their side of the story.
Once all the evidence is presented, the two lawyers make their closing arguments. The jury then deliberates and decides whether the person is innocent or guilty. This process is crucial in determining the outcome of the case.
For the best chance of understanding and navigating the legal process, it's crucial to consult with an experienced professional like me. We'll thoroughly review the facts of your case and determine the best course of action. Hedding Law Firm, a reputable criminal defense law firm, is located at 16000 Ventura Blvd #1208 Encino, CA 91436.