Disclaimer: This guest post was written by a third party and is for informational purposes only. It does not constitute legal advice or create an attorney-client relationship with The Meehan Law Firm. For legal advice, please contact our office.
The content on this website is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. Past results do not guarantee or predict a similar outcome in any future case — every case is unique and results will vary. Images on this site depict models, not actual attorneys or clients of The Meehan Law Firm.
High-profile DUI arrests often receive significant media attention, but the legal principles that apply are generally the same for everyone. There can be several actions that, in our opinion, did not help during a well-known DUI arrest and how those actions may affect a DUI investigation.
Actions at the Scene Can Become Evidence
One of the biggest issues discussed was the vehicle crash itself, followed by attempts to explain the situation to law enforcement officers.
Satements made during a DUI investigation may become part of the evidence considered by prosecutors. As a result, anything a person says during an encounter with law enforcement may later be introduced as evidence if the case proceeds through the criminal justice system.
Body-Worn Cameras Record Police Encounters
Law enforcement officers commonly use body-worn cameras during traffic stops and DUI investigations.
These recordings may capture conversations, observations, field sobriety tests, and other events that occur during the investigation. Video evidence can become part of the evidence reviewed in a DUI case.
Field Sobriety Tests
Officers may ask drivers to perform field sobriety tests during a DUI investigation.
These tests are generally voluntary and expresses the opinion that participating in them may provide additional evidence for the prosecution. Whether to participate is an important legal decision that depends on the circumstances of the case.
Constitutional Rights
The Fifth Amendment is also referenced, which protects individuals against compelled self-incrimination.
Whether and how constitutional rights apply in a particular situation depends on the specific facts of the case and applicable law. Anyone facing a DUI investigation should understand their legal rights before making decisions that could affect their case.
Every DUI Case Is Different
DUI investigations are based on the evidence gathered by law enforcement. Statements, observations, video recordings, chemical test results, and other evidence may all be considered during the prosecution of a DUI case.
Because every DUI case is unique, obtaining legal advice as early as possible can help you understand your rights and the legal process.
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