How a Criminal Defense Attorney Gathers Evidence for a DUI Case

If you’re facing a DUI charge in Virginia, you might be considering which criminal defense attorney to hire to represent you and help fight any charges you’re facing. As you go through that process, it’s important to understand how criminal defense attorneys work, especially when gathering evidence in the early stages of a DUI defense.

Types of Evidence in a DUI Case

Witness-Based Evidence: Human testimony is one of the most important pieces of evidence gathered in a DUI case. Witnesses can lend credibility to your case (or demerit the prosecution’s).

Physical Evidence: Typically, this will come from a lab report, or, it could be from physical items collected at the scene. A lab report could show your level of intoxication (and type of intoxicant) at the time of the arrest. Occasionally, these lab results can be disputed depending on where and how they were collected.

How Attorneys Gather DUI Evidence

A qualified criminal defense attorney will typically follow this process:

  1. Statutory discovery: The law mandates that certain information must be provided when requested. This includes a copy of the accusation, witness list, physical evidence and any statements.
  2. Exculpatory Evidence: If the prosecutor knows of evidence that could verify your innocence, he or she is required to preserve and share said evidence.
  3. Open Records Act Requests: Your attorney can request certain records related to an arrest or prior accusations.
  4. Subpoena – All parties can subpoena evidence or a witness and, depending on the matter, this can help or hinder your case.


As you can tell, this process can get very complicated, very quickly. It requires intimate knowledge of the Virginia court system and decades of experience on both sides of the law to understand how each individual facet works. This is why so many facing DUI charges in Virginia turn to B.R. Hicks, P.C. as their primary defense attorney. To learn more about what he offers, call (703) 354-4000 today.