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Gathering evidence to defend your DUI charge

On Behalf of | Aug 16, 2023 | Criminal Defense, DUI |

A DUI charge in Georgia comes with many serious ramifications, including high fines, loss of your driver’s license and even jail time. You could potentially lose your job and have trouble finding a new one.

Additionally, a DUI conviction could be used against you if you are involved in a family law proceeding, such as custody or divorce. You may lose the respect of some of your family and friends who now view you as someone with a drinking problem.

These are all reasons why you must put on the strongest possible defense against a DUI charge. There are many potential defenses that you might be able to use, depending on the facts of your case.

No matter which defense strategy you use, you must gather evidence to support your defense. The type of evidence you choose, and its validity are important.

Common types of evidence

Some common types of evidence used in defending against a DUI charge include:

  • Video evidence
  • Blood or breath test results
  • Witness statements

Video evidence of your driving could be used to refuse a prosecutor’s claim that you were showing signs of drunk driving. Perhaps the police officer who pulled you over claimed that they saw you speeding and weaving through traffic, but video evidence shows otherwise.

Footage of the police stop itself could also be strong evidence. You have certain legal rights when the police stop you and video footage could prove that the police violated one of these rights. A violation of rights at a stop could be enough to get your charges dismissed.

Witness statements can be extremely helpful. Eyewitnesses could testify to your statements and actions at the time of the DUI stop or about the behavior of the police if you are asserting a violation of your rights.

The discovery process

There are many ways to collect your evidence. As your case progresses, you will go through a process called discovery. This involves you and the prosecution exchanging the evidence you intend to use.

You must typically be supplied with a copy of the probable cause statement, any scientific evidence, a witness list and any other information or documents the prosecution intends to use. You must request these through a discovery request, or the prosecution may not automatically turn them over to you.

If you have trouble getting certain types of evidence or witnesses, you can file a subpoena with the court. An order is then entered stating that the evidence must be provided, or the witness must appear.

This may sound complicated or overwhelming and that is understandable. It is best to talk with a professional who can help you formulate strategies and gather your evidence.