Many people who are arrested for DUI have never been in a similar situation before. If you’ve recently been charged with DUI, this may even be the first time you’ve been in trouble with the law. As such, some of the terminology may sound foreign and confusing.
One word you’ll likely hear frequently in the coming weeks or months is ‘discovery’. This is a term used by both the prosecutors and the defense.
What is Discovery?
Discovery is the process by which evidence is obtained. In a DUI case, discovery may include attorneys’ efforts to obtain the following:
- Statements you made to the arresting officer at the time you were pulled over;
- Anything you said to the officers or other staff members upon intake;
- Breathalyzer test results and accuracy records of machine;
- Documents containing blood test results and chromatograms of the analysis;
- Videos taken from the police cruiser or cop;
- Statements from bartenders, passersby, and/or victims
- Photos or real-life examples of damage.
These are just examples. The discovery process basically includes requests for any evidence that may support your guilt or innocence, depending on which side is making the inquiry.
DUI Discovery – The Role of Defense and Prosecuting Attorneys
The goals for the defense attorney during discovery are very different from those of the prosecutors. As such, the discovery process will be different for each side.
- Prosecuting attorneys will be looking to prove that you were rightfully charged with DUI. During the discovery process, a prosecutor will seek out evidence to support the fact that the person charged was, in fact, driving while he or she was under the influence of alcohol or drugs.
- DUI defense lawyers use discovery to determine evidence that shows you were not driving under the influence. They research elements of the case to support your innocence or work to find deficiencies in the prosecution’s case against you. This may include finding evidence of improper procedures during your arrest, such as mishandling the PAS device, the improper demand for a blood test, and a variety of other factors.
Have you been charged with your first DUI? This isn’t likely a situation you’ll want to go through alone. With so many confusing legal phrases and intricacies related to DUI laws, it’s best to have an experienced attorney on your side who can help you navigate the process and explain what’s going on in simple English.
Contact Jon Artz today if you need to speak with an experienced Los Angeles DUI Lawyer. The fastest way is by calling: 310-820-1315.