What Are the Most Common Types of Evidence in Atlanta Driving Under the Influence (DUI) Cases

As an Atlanta DUI attorney, much of my time is reviewing evidence in driving under the influence cases and talking to clients about the different types of evidence and their relative importance to our case. This Atlanta DUI blog will help give you a general understanding of the different types of evidence that may be present in a DUI case.

What Is and Is Not Evidence in an Atlanta DUI Case to an Atlanta DUI Lawyer

There are three main types of evidence in a Atlanta DUI case. The first type of evidence is witness testimony. Witness testimony will include your testimony if you decide to testify, the testimony of the arresting officer and any other law enforcement officials at the scene or involved in a blood, breath or urine test, and any other witnesses that can provide relevant evidence in your case. This includes passengers in your vehicle, other drivers, and onlookers. The second type of evidence is audio or video recordings. Examples of audio and video recordings include officer dashcam and bodycam video, 911 calls, and any recordings made by other involved parties. Finally, the last piece of evidence that may be available in your case are the results of any blood, breath, or urine test provided to law enforcement either through consent or after a search warrant.

There are other documents such as citations, incident reports, and accident reports that may be available in your case. Citations are the official charging document in most Georgia traffic violations. The purpose of a traffic citation is to give you notice of the violation as well as the specific elements of the offense including the date, time, and location of the Georgia traffic offense.

Incident reports and accident reports are not evidence but are used for police officers to remember the facts and circumstances of the incident. They are not evidence, but can be used to refresh the recollection of police officers at a later date. One of the biggest issues I have is my clients telling me that the incident report does not reflect their experience in their Atlanta DUI arrest. What I tell my clients is that these reports are made to justify the officers arrest decision, are not evidence, and if a video exists we will be able to use that video to compare and contrast the actual incident to what is recorded in the report.  

Witness Testimony

Witness testimony is exactly what it sounds like. Live testimony by any witness who has testimony that has “any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.” O.C.G.A. 24-4-403. Witness testimony in Atlanta DUI cases will always consist of the arresting officer’s testimony regarding the incident and his decision to make a DUI arrest. You, as the accused may also testify in their own defense. Every defendant has the right to testify in their own defense. You also have the right to remain silent, and their silence in regards to the circumstances surrounding their DUI stop and arrest cannot be held against them under Georgia law. Other witnesses such as nurses who administer blood draws or the operator of the Intoxilyzer 9000 breath testing machine may be called by the Solicitor’s office as witnesses.

You may also call witnesses on your own behalf. Your witnesses  are generally people who were present with you throughout the day who can provide facts that will assist in your defense. After a DUI arrest it is important to preserve testimony that can be used on your behalf by documenting the 24 hours leading up to your arrest and the 24 hours following it in as much detail as possible. If there is relevant evidence that extends beyond the 24 hours before your arrest, document that as well. Have your friends write things down as well. If you need them to testify on your behalf later, they can use their written statement to refresh their recollection.

Audio/Video Recordings

The best piece of evidence in your Atlanta DUI defense is going to be the officer’s dash camera video or body camera video. Video in DUI defense holds a mirror up to the officer’s conduct, holding them to testimony that is present in the video evidence of the evening. Captured video evidence will allow us to fight the common statements made by officers in each and every Atlanta DUI arrest in regards to your speech and appearance. We can watch the performance of field sobriety evaluations and make sure the clues noted by the officer are actually present on video. And we can make sure the officer correctly reads the Georgia Implied Consent Notice before trying to admit a blood, breath, or urine test (or the refusal to take one) into evidence at trial. The video is where we can see if the officer did something they were not supposed to do or did not do something they were supposed to do.

911 calls after car accidents or to report an impaired driver are audio recordings that may also be evidence in your case. These calls must be made with specifics and cannot just be an anonymous tip regarding a generic vehicle before you are pulled over. Evaluating the 911 call may give us a legal challenge to the reason you were pulled over and should be evaluated. Most Atlanta DUI stops do not involve reports of impaired driving, but it is important to evaluate all evidence that exists in creating your Atlanta DUI defense.

Blood, Breath, and Urine Tests

The final piece of evidence that may be available in your case is the result of a blood, breath, or urine test after your Atlanta DUI arrest. Before we discuss these tests, it is important to know that a roadside breathalyzer test with a portable breath testing device before you are placed under arrest is not the state administered breath test with the Intoxilyzer 9000 breath testing device. These portable roadside breath tests are not accurate tests for determining a breath alcohol level and can only be used to testify if alcohol was present or not after testing.

Blood, breath, and urine tests are performed after you are placed under arrested and read the Georgia implied consent notice requesting you take a test or series of tests of the officers choosing. The Georgia implied consent notice must be read concurrent to the time of arrest and must be read accurately and without any sort of coercion or suggestion. Only after the test is read and you consent, or after you refuse to consent to test and the officer acquires a search warrant, can the test be administered. Breath tests provide a result almost instantaneously but blood and urine tests must be sent to labs for testing. You will not often know the results of those tests until a few months after the date of your Atlanta DUI arrest.

The results of blood, breath, and urine tests can be challenged based on the circumstances surrounding the requests for the test, the manner in which the test was performed, and anomalies present in the chain of custody of the tests or testing results.

Questions About Evidence in Atlanta DUI Cases?

If you have questions regarding possible evidence in Atlanta DUI cases and would like to discuss them with an experienced Atlanta DUI attorney, please feel free to call me at 678-753-6431 for a free consultation. I would be happy to take the time to discuss your case and options with you.