Discovery in a DUI Case
If you are accused of DUI in Oklahoma, the prosecution—also referred to as the State—will build a case against you using evidence that the arresting officer conducted during the arrest. This can include the results of any blood or breath testing and written reports.
As the defendant, you have a right as the defendant to know certain information that the prosecution will try to use against you. This information includes any physical evidence, such as breath or blood tests, videos, reports or other items of evidence, as well as any witnesses that will testify. The process of passing this information between the State and the defense is called discovery.
Duty of the Prosecution
During discovery, the prosecution has a duty to disclose any and all information that it plans to use in the course of the trial—even information that is beneficial to the defense. In a DUI case, this could include:
- The police report taken at the time of the arrest
- The identity of any witnesses that will testify
- A summary of any statements given by the prosecution’s witnesses
- The results of any exams or tests, including the BAC test if it is to be used at trial
- Any documents or photographs intended to be used at trial
Though it sounds simple in theory, there are many legal rules and procedures surrounding discovery. This is why it is important to retain the services of an experienced defense attorney who understands the rules of discovery and can ensure that the State discloses all relevant information.
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