Ensuring That Evidence Is Secure

Posted on March 27, 2014


If you arrested for DUI, both you and your attorney need to make sure that any potential evidence remains secure so that it will be ready in the event that your case proceeds to trial. While the bulk of the evidence gathering will be done by your attorney, there are a few things that you can do to help ensure that evidence remains protected.

Check your Shoes

Do you remember the shoes you were wearing when you were arrested for DUI? Do you know where they are? If so, you need to make sure that the shoes are placed in a safe place and that you do not wear them again until after your trial has concluded. While this may seem odd, there is a perfectly valid reason behind this request. When officers make an arrest for DUI, they often perform a series of tests designed to determine whether the driver is, in fact, intoxicated. One such test is the balancing test. Officers often do not consider that the shoes a person may be wearing could have an impact on a person’s ability to balance even if they are completely sober. For instance, women wearing high heels may not be able to pass this test even if their blood alcohol content is well below the legal limit. By keeping your shoes in a safe place and not wearing them, you will prevent the defense counsel from objecting to your shoes being admitted into evidence on the grounds that they are not in the same condition they were in at the time of your arrest.

Find Witnesses

As soon as possible after your arrest, you need to provide your attorney with the name and contact information of any people who may have seen you prior to your arrest. If you were out drinking with a group of people, you should provide their names. If you talked to someone on the phone before you got into your car, you should provide their name as well. Your attorney will talk with the witnesses and determine whether any of them will be useful to your case. It is important for your attorney to talk to any potential witnesses as soon as possible after your arrest because they will likely be able to recall important information much easier if they are questioned soon after the event.

Contact Our Redwood City DUI Attorney

If you have been arrested and charged with DUI, contact the attorneys at Silveira Law at (415) 795-3890 for an initial case consultation.