Audio Evidence and OWIs/DUIs

By Andrew Mishlove on September 14, 2019


A gavel and a law bookAll sorts of evidence can make a difference in a drunk driving case. That’s why the Wisconsin attorneys of Mishlove & Stuckert, LLC will consider all angles and evidence available in your case, including audio or video recordings of the traffic stop and arrest.

A good OWI/DUI defense lawyer understands the importance of recordings and the role they can play for people accused of drunk driving. Let’s consider audio evidence below and why it can make a difference.

What Is Meant by “Audio Evidence”

Audio evidence means any sort of recording that captures the audio of an exchange or incident. In the context of a drunk driving arrest, audio evidence means a recording of a driver and an arresting officer. The audio evidence can be used during a drunk driving hearing to show what occurred.

Kinds of Audio Evidence in a Drunk Driving Case

There are, broadly speaking, two kinds of audio evidence to consider in drunk driving cases.

  • Recordings by the Arresting Officer - Many law enforcement vehicles have dashboard cameras that also record audio. The state is in control of this evidence.
  • Recordings by Vehicle Occupants or Witnesses - Drivers, passengers, and even people on the street may have video/audio recordings of a drunk driving arrest. With the prevalence of smart phones with cameras, it’s no wonder that so may people could potentially have recordings of arrests.

Can Audio Evidence Be Used as Part of Your Legal Defense?

Yes. Our Wisconsin attorneys may even ask if you have any video or audio evidence of the arrest depending on what transpired.

Many times video is taken of law enforcement in order to prevent the use of excessive force and to document any overreaches or missteps in the use of force. In essence, these recordings are a way of holding police officers accountable and ensuring that they do not abuse their power.

How Audio Recordings Can Help Your Defense

In some cases, a police report may list the events that transpired or a verbal exchange incorrectly. If you have an audio or video recording of the incident, it may be able to show the police officer was mistaken in their report. More than that, the recording could show that the police officer acted in a manner that abused their authority and/or violated your rights. If they did not follow proper procedure in a drunk driving arrest, you may be able to have the charges reduced or dropped.

Issues with Audio Evidence Worth Considering

Keep in mind that even if you have a recording of the arrest or if the state has police footage of the arrest, there may be issues with the recording. Audio may not be clear in the recording, and image quality can be poor. If the recording is difficult to understand, it may be poor evidence for your case.

How Our Attorneys Can Help

Our attorneys will consider any audio recordings available to help build a case for you. If the police have audio of your arrest but have not made it available through discovery, our Wisconsin law firm can make sure we have access to this evidence. We want to hear and see if anything in the official recording that can bolster your defense. We will also go over any witness recordings or personal recordings you have of the incident as these may also impact the case.

Learn More About Drunk Driving Cases

For more information about your legal options in drunk driving cases, be sure to contact our skilled drunk driving attorneys. The legal team at Mishlove & Stuckert, LLC can be reached by phone in Milwaukee at (414) 206-6918 and in Waukesha at (262) 207-4527.

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