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San Jose DUI defense lawyerDriving under the influence (DUI) of drugs or alcohol is illegal in all 50 states. In California, a driver can face charges for a DUI when he or she operates a motor vehicle while under the influence of drugs or alcohol, or if he or she has a blood alcohol content (BAC) level of 0.08 or higher. In addition, motorists who are minors can be charged with impaired driving with 0.01 or higher BAC levels.

Evidence collection in a DUI stop can begin even before a driver is pulled over. A police officer must have a valid reason for the stop, such as a traffic violation, which can include speeding or an illegal maneuver. The evidence collected and used in a DUI case can vary but usually involves observational, testimonial, and forensic evidence.

Observational, Testimonial, and Forensic Evidence

Not all evidence will hold up in a court of law. Mistakes can and do happen during the process, from the time of the initial stop and arrest all the way through to the court proceedings. Therefore, it is best to understand how evidence gathered at your DUI might not be admissible in court, such as for the following reasons: 

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