Protect Yourself: How to Preserve Evidence in a DUI Case

Picture of man in handcuffs

When you are stopped under suspicion of DUI, you may expect fair treatment and benefit of the doubt. Unfortunately, that is not always how it works, especially when it comes to drunk driving.

There is significant pressure on law enforcement officers to find intoxicated drivers and on prosecutors to convict them. This means that innocent drivers sometimes get caught in the crosshairs.

Arrests continue to increase, although deaths caused by drunk driving crashes have decreased over 33 percent in the last decade. If you are facing DUI charges, you need to preserve important evidence and work with a DUI attorney to fight your charges.

Hang on to Receipts

Make copies of any receipts from the day and night of your arrest, and keep the originals in a safe place. Receipts may show the following:

  • Where you were throughout the evening
  • Where and when you were drinking
  • When you stopped drinking for the evening

Keeping track of where you were throughout the evening allows you to contact bartenders or waiters who may remember serving you. These witnesses might be able to recall whether you appeared impaired.

Preserve Dash Cam Footage

Many drivers now have dash cams installed in their vehicles. This tool may be able to hold police officers accountable in the following ways by ensuring:

It is likely that your dash cam captured footage of your sobriety tests and arrest. Our San Jose DUI lawyer can use this evidence to look for:

  • Inconsistencies in your treatment
  • Whether you appeared impaired when you were stopped
  • Civil rights violations

Dash cams often have built-in memory that clears whenever space is needed for new footage. As soon as possible after your arrest, get copies of the data from your dash cam. Then, submit the footage to your attorney.

Secure Copies of Medical Reports

There are many medical conditions with symptoms that mimic intoxication. For example, low blood pressure may cause fatigue, loss of concentration, poor vision and nausea. These symptoms are also present when someone is intoxicated.  If you have been diagnosed with a condition that can mimic intoxication, it is important to provide medical records to your attorney.

If you are stopped for drunk driving when you’re actually suffering from low blood pressure or another condition, get screened as soon as possible. This can maintain evidence of your physical state at the time of your arrest.

Get Copies of Police Records

It is crucial to verify the accuracy of the police report as soon as possible. The longer you wait to review the evidence against you, the less accurate your memory of the arrest becomes. Your DUI attorney can get a copy of the report and look for any omissions, inconsistencies or falsehoods.

Don’t Wait to Hire a DUI Attorney

It is hard to beat drunk driving charges on your own. Taking your chances could cause lifelong negative consequences. For help with your DUI, call our San Jose DUI lawyer at Law Offices of Thomas Nicholas Cvietkovich. Call us at (408) 898-9653 or fill out our confidential online contact form.

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