QUESTION
Is the officer’s statement enough to convict someone of DWI and what other evidence does the state need to prove their case?
Asked on Feb 13th, 2014 on DUI/DWI - California
More details to this question:
I was involved in a traffic accident on October 4 2013, there were no serious injuries just some scrapes, when the police arrived the officer said he smelled alcohol, however I completely dispute this. If I go out drinking I always go either by taxi or mass transit. I have never had any trouble before with the law in fact I come from a family of law enforcement (Police, Court Professionals). Is the officer’s statement enough to convict someone of DWI and what other evidence does the state need to prove their case? Also what can I do to keep my criminal clean as it should be?
2 ANSWERS
They need your BAC, or they can allege a refusal DUI.
Answered on Feb 19th, 2014 at 11:23 AM
Personal Injury Attorney serving Pasadena, CA
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I can only tell you based on California law. If in California unless there is chemical test or blood test it will be hard to prove you were under the influence. COP can testify as to observations but it is unlikely to obtain a conviction based on that alone.
Answered on Feb 19th, 2014 at 11:23 AM