California DUI Lawyers

What if I have witnesses who can verify that I did not appear drunk when the DUI occurred?

These are called “sobriety witnesses.” They can very helpful in a DUI case. Usually, the best sobriety witness is a passenger inside the car during the DUI traffic stop. If the passenger feels that you were driving competently, that your speech was normal, that you were completely coherent and did not appear drunk, and if the passenger is willing to testify to this effect, then he/she can be a great asset in fighting the DUI charge.

Keep in mind that the DUI officer will likely say that you showed all the “signs and symptoms” of intoxication: reeking of alcohol, bloodshot and watery eyes, flushed face, slurred speech, “slow and deliberate” responses to questions, and an unsteady gait (poor balance on your feet). Police officers almost always claim to have observed these things of the DUI suspect. Much of the time, the cops are exaggerating, hyperbolizing and even outright lying just to bolster the prosecution’s DUI case.

This is where sobriety witnesses are so critical to DUI cases. A person present with you at the time of driving had an equal opportunity to observe these things (or the lack of them). The passenger may disagree with the cop, and feel that you looked and acted sober. His/her “second opinion” can be presented to the prosecutor, the judge and—if the case goes to a DUI trial—to the jury.

Two things to keep in mind about DUI sobriety witnesses. First, if the witness was intoxicated, this can undermine his/her credibility. Second, sobriety witnesses are not limited to passengers in the car. For example, the witness may be someone who was with you shortly before the DUI traffic stop. Or someone who picked you up from the station shortly after taking the BAC test. Or someone you were speaking with by cell phone as you got pulled over. The sobriety witness just needs to have interacted with you at or near the time of the traffic stop.

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