What is a Prosecutor’s Favorite Evidence in a DUI Trial

April 17, 2021 | By jryanbrownlaw

Hey, folks, Ryan Brown from J. Ryan Brown law, we’re going to talk about what a prosecutor’s favorite piece of evidence is in a DUI trial is. So, for the DUI prosecutors out there, what is one thing that if they have it, they feel super confident that they’re going to convict you of DUI. That is a blood test or a breath test or some sort of test. That gives them a number. In Georgia the per se limit for DUI is .08. So if you are .08 or higher, then you are DUI per se, here in Georgia. When you give them that blood or that breath, and they have access to that number, then that is something that they get excited about because they think they’re going to convict you. So be careful and know your rights to refuse those tests. Now, with that said, it’s a case-by-case determination because refusing to submit to blood or breath test can lead your license being suspended for a year. But when it comes to a DUI trial, whether or not you’re going to be convicted of a DUI, and have a DUI on your record, a prosecutor’s favorite piece of evidence is that test. that .08 or greater is what they get excited to use against you, which is incredibly damning to your defense.