DUI Charge: The Civilian Witness

Orange County DUI Attorney

In a DUI or DUI with injury case, especially when the blood-alcohol level is close to the legal limit, a civilian sobriety witness can make all the difference. It is well settled in California law that a “regular person” can give opinion testimony concerning the state of sobriety of another person. It is fairly common experience for us all to see people in various states of intoxication and impairment. Therefore, when a defendant faces charges of being too impaired to drive, the defendant’s Orange County DUI Lawyer can solicit the testimony of civilian witnesses who saw the defendant at the time in question.

For example, if the defendant went out for dinner and drinks with a business associate and the defendant was arrested for DUI on the way home, the defendant’s DUI Lawyer in Orange County could present several sobriety witnesses at the defendant’s DUI trial. Such witnesses could include the defendant’s business associate, who could testify to what the defendant drank and ate and what affects the alcohol had on defendant’s mental and physical abilities. Moreover, if the business associate rode home with the defendant, they could even testify about whether the defendant’s driving was affected by the alcohol and how the defendant performed on the field sobriety tests.

Other sobriety witnesses that the defendant’s DUI Attorney in Orange County may call include the waiter, bar tender, valet, and anyone else who saw or heard the defendant before he or she drove. Other important sobriety witnesses in a DUI case include people who saw defendant shortly after the arrest, such as the bail bondsman or other friend or relative who picked defendant up from jail. This testimony can be extremely important in a RISING DEFENSE case. Sobriety witnesses in a drunk driving case use their common sense observations to relate to the jury the state impairment, or non-impairment, of the defendant. These witnesses can tell a jury whether the defendant was slurring their speech; whether they had red or watery eyes; whether they had difficulty maintaining their balance; whether they fumbled with their keys or wallet; and a host of other indicators of impairment in a DUI case.

Obviously, the best sobriety witnesses at a DUI trial are those people who are “neutral” with respect to the defendant—not the defendant’s friend or relative. Orange County DUI lawyers know that at a DUI trial jurors tend to believe people such as waiters, bar tenders, and bystanders just for that reason—they have absolutely no reason to lie. In fact, in a DUI case, these witnesses can be even more believable that police officers, who almost always tend to be biased against the defendant.

If you have been arrested for driving under the influence of alcohol or drugs and would like to discuss your case with an experienced DUI Lawyer in Orange County, call the Law Offices of EJ Stopyro at (949) 559-5500. The consultation if free and absolutely confidential. Or visit our website at www.EJEsquire.com.

          Orange County DUI Attorneys