What Evidence Is Used in a California DUI Case?

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When a person is charged with DUI in California, prosecutors rely on evidence gathered during the investigation to determine whether criminal charges should be filed and whether they can prove the case in court. Several types of evidence are commonly presented in DUI cases.

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Police Reports

The prosecution generally begins by reviewing the police report and any additional reports prepared by law enforcement during the investigation.

These reports typically summarize the officer's observations, the circumstances of the traffic stop or contact, and the evidence collected during the investigation.

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Evidence of Driving and Impairment

Prosecutors generally look for evidence showing:

• That the individual was driving a motor vehicle.
• That the individual was allegedly impaired by alcohol, drugs, or both.

The prosecution must prove every required element of the charged offense under California law.

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Field Sobriety Tests

Field sobriety tests are commonly used as part of a DUI investigation.

Officers may ask a driver to perform these tests, and the person's performance may later be introduced as evidence in court.

Drivers are not required to participate in field sobriety tests and notes that anything observed during the tests may be used as evidence in a criminal case.

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Statements Made to Law Enforcement

Statements made to police officers during a DUI investigation may also become part of the evidence presented by the prosecution.

Individuals sometimes attempt to estimate or minimize the amount of alcohol they consumed or when they last drank alcohol. Those statements may later be compared with chemical test results and other evidence during the prosecution of the case.

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Chemical Test Results

Chemical test results are another common form of evidence in DUI cases.

Prosecutors may use breath or blood test results together with other evidence gathered during the investigation when evaluating the case.

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Video Evidence

When available, video recordings may also be presented as evidence.

This may include recordings of:

• The vehicle being driven
• The traffic stop
• Field sobriety tests
• Other portions of the investigation

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Every DUI Case Depends on the Evidence

Prosecutors evaluate all available evidence when determining how to proceed with a DUI case.

The strength of the evidence, the facts surrounding the stop, witness testimony, and applicable California law all play a role in how a case is resolved.

Because every DUI case is different, obtaining legal advice early can help you understand the evidence, your legal rights, and the options available in your particular case.