Chicago Criminal Lawyer Blog
Why Eyewitness Evidence is Essential in DUI Cases and How Its Absence Can Benefit Your Defense
Many people assume that once police respond to a car accident involving possible drunk driving, an arrest for DUI is almost certain. After all, the police might have video footage of you admitting fault, clear signs of intoxication, or even physical damage to the vehicles. Surprisingly, however, this isn’t always enough to justify a DUI arrest or conviction. The key factor often overlooked by most is whether someone actually saw you driving the vehicle at the time the incident occurred. Without such direct eyewitness testimony—often called a “wheel witness”—prosecutors might struggle to build a successful DUI case.
Let me clearly explain this point with a real-world example that illustrates how critical eyewitness testimony truly is. Recently, there was a situation involving a driver who collided with a parked car. Nearby residents heard the collision, immediately rushed outside, and saw the driver standing by the damaged vehicles. The driver admitted openly to neighbors and later on camera to responding police officers that they caused the crash after drinking alcohol. Yet, despite these clear statements and the evident damage, no DUI arrest occurred. Why? Simply put, no one had personally witnessed this individual actually operating the car at the moment the crash happened.
