Dashcam and Bodycam Footage in DUI Cases

When police officers stop a driver suspected of drunk driving, they often activate a dashcam and bodycam to record the interaction. This video footage can later be important in proving whether a driver was under the influence of drugs or alcohol.

While prosecutors can use dashcam and bodycam footage to try to show a defendant was under the influence of drugs or alcohol, video evidence can be equally important for defense lawyers. It can be used to show the behavior of the police officer and the suspect, the suspect’s overall demeanor during the stop, and how they performed on Field Sobriety Tests.

DUI defense attorney Stephen Lebedevitch can request and carefully analyze dashcam and bodycam footage to identify any inconsistencies or discrepancies that may benefit a defendant’s case.

What Are Dashcams and Body Cams and How Do They Work?

Dashboard cameras (“dashcams”) are small video recording devices mounted on the dashboard of a car that record events on the road. Some drivers use a dashcam to record video footage in case they are involved in an accident. Dashcams can also record the events that occur during a traffic stop.

Most police cars are equipped with dashcams. Some police departments require that they record all the time, while others require that the police officer turn on the dashcam to start recording.

Body cameras (“bodycams”) are video recording devices police officers wear. If an officer is equipped with a bodycam, they should activate it when they initiate a traffic stop to record the interaction.

Law enforcement officers use dashcams and bodycams to increase transparency and police accountability. Video footage can show the circumstances of the stop and any arrest, a driver’s behavior during their interactions with the police officer, the driver’s overall demeanor, and their performance on Field Sobriety Tests.

When a police officer uses a dashcam or bodycam, they are supposed to inform the suspect that they are being recorded.

Is Dashcam and Bodycam Footage Admissible in Court?

Dashcam and bodycam footage can provide valuable information about how a traffic stop unfolded. Prosecutors often seek to use dashcam and bodycam footage to build their case against someone charged with DUI. Defense attorneys can use dashcam and bodycam footage to highlight discrepancies in the officer’s testimony or examples that contradict a prosecutor’s statements.

Whether dashcam and bodycam footage is admissible as evidence in court will depend on several factors. To be considered as evidence, the court must verify its relevance, authenticity, and reliability. The party wishing to introduce the evidence must also establish the chain of custody and may need to address objections regarding the fairness and potential prejudice.

Problems with Dashcam and Bodycam Footage

In some cases, it can be advantageous for a defendant to have dashcam and bodycam footage admitted as evidence. It may show that the police officer did not have probable cause or that the defendant did not appear intoxicated and performed well on the Field Sobriety Tests.

In situations where the video footage does not work to the defendant’s advantage, a skilled defense attorney can challenge the admissibility of the footage. Reasons to dispute the admissibility of dashcam or bodycam footage include:

• Poor video quality. Low light, the camera angle, and technical limitations can limit the accuracy of dashcam and bodycam video footage. A poor quality video can make discerning details difficult. If the evidence is unreliable, it should not be admitted.
• Limited perspective. Dashcams and bodycams only capture the situation from a particular point of view. Dashcams only record what is happening in front of the vehicle, while bodycams only record the situation from the officer’s perspective. This limited view can omit important angles or information about the incident, which could lead to an incomplete understanding of the situation.
• Subjectivity and interpretation. People perceive things differently, and a person’s biases can affect how evidence is interpreted and understood. This subjectivity can affect how video footage is interpreted in court and how much weight the video evidence should be given.
• Need for additional evidence. While footage can be valuable, more information is often needed to prove a driver was under the influence of drugs or alcohol. A prosecutor will likely also present breath test results, witness statements, and testimony about a suspect’s performance on Field Sobriety Tests to prove a driver was under the influence.
• Storage protocols. Storage protocols and establishing the chain of custody are critical in DUI cases that involve dashcam or bodycam footage. Law enforcement agencies have protocols for storing video footage and maintaining the integrity of the evidence.
• Privacy concerns. Dashcams and bodycams record interactions in public, including the behavior of drivers as well as bystanders. Balancing the need for transparency and accountability with respect for people’s privacy is essential.

Dashcam and Bodycam Footage Has Transformed DUI Cases

The availability of dashcam and bodycam footage has transformed DUI investigations and can be a key piece of defending against a DUI charge. These devices can provide visual evidence of a suspect’s interactions with police officers, be used to challenge whether the officer had probable cause to believe the suspect was under the influence of drugs or alcohol, and provide objective evidence of the suspect’s performance on Field Sobriety Tests.

Contact The Lebedevitch Law Firm Today

If you were charged with DUI in Connecticut, The Lebedevitch Law Firm can help. We are located in Fairfield, Connecticut, and represent people in Fairfield and New Haven counties and throughout Connecticut. Contact our law office today to discuss your situation.