What Evidence Do Prosecutors Use to Prove a DUI Case in Georgia?
In the State of Georgia, when a person faces a DUI charge, the prosecutor must show that they were under the influence when they were behind the wheel of their car. DUI charges are established based on the evidence obtained during the traffic stop and arrest. Knowing what types of evidence the prosecutor might use to establish the case will allow drivers to understand how DUI charges work and potentially refute them.
Officer observations
The most commonly used form of evidence in a DUI case is the observations of the arresting officer. In most states, police officers receive extensive training in observing and detecting signs of intoxication when engaging with drivers.
Such observations might include the smell of alcohol, slurring of speech, bloodshot eyes, unstable behavior, or difficulty answering any inquiries made by the officer. It can also include various actions by the driver that led to a stop. This can include weaving through lanes, speeding, running red lights, or changing lanes improperly.
Although useful in a DUI case, this type of evidence can be quite subjective, which means that defense lawyers will often review videos from body or dashboard cameras to see if what the officer reported was true.
Chemical test results
Another vital piece of evidence that can be considered in a DUI case is the result of your chemical test. Breathalyzers, blood, or urine analysis can be carried out to calculate the level of drugs or alcohol in the driver’s body.
According to Georgia laws, if a person operates a motor vehicle with a BAC equal to or higher than the permissible limit, they will be accused of the crime of DUI.
Despite the important role played by the chemical test results in a DUI case, it is worth noting that there are certain problems associated with chemical tests that can lead to inaccurate conclusions.
Video evidence
A significant number of DUI stops are captured through either dash cameras or body cameras worn by officers conducting traffic stops.
Video evidence is very relevant for cases involving DUI because video is much more objective than the arresting officer’s statement. The prosecutor may point out that the video shows the driver acting in a way that would indicate they’re intoxicated.
On the other hand, video can help support the driver’s case. For example, when the video does not support or even contradicts the officer’s written report, it will create some doubts regarding the quality of the prosecutor’s evidence.
Talk to a Cobb County, GA, DUI Attorney Today
It is very rare that DUI cases rely only on one piece of evidence. On the contrary, the prosecution usually relies on several pieces of evidence in order to prove its case.
An experienced Cobb County, GA DUI lawyer at Andrew L. Schwartz, P.C. can examine all the pieces of evidence to determine whether any of them support the defense’s case. Call our office today to schedule an appointment, and we can begin preparing your defense right away.
