Examining the prosecution’s evidence, which is a process known as discovery, is a fundamental part of a strong drunk driving defense. Defense attorneys can gain access to additional prosecution evidence by filing a motion for supplemental discovery. A skilled Florida DUI / DWI defense attorney will seek access to every shred of evidence that may help an accused driver mount a successful challenge to his or her case.

The process of discovery is based on the concept that the defendant is entitled to receive any and all information that will be used by prosecutors in their attempt to convict. Discovery has multiple purposes in a court case – it is designed to promote the truth, guarantee a fair trial, and ultimately save the court’s time. 

Many basic items of prosecution evidence are given to the defense without a motion. Prosecutors typically supply statements made by the defendant, the names and addresses of prosecution witnesses, relevant evidence seized or obtained as part of the investigation, exculpatory evidence, results of scientific tests, and all written or recorded statements of witnesses whom the prosecutor intends to call at a prospective trial, including experts.

However, a skilled defense attorney will seek information that goes beyond basic discovery evidence. For example, the attorney likely will request calibration and maintenance records of a breath testing machine if one was used. Additionally, a discovery motion can be used to obtain part of a blood or urine sample – commonly referred to as a “split” – so that a forensic alcohol expert can make an independent analysis. 

Other motions include requests for sanctions if police or prosecutors failed to preserve evidence helpful to the defense, or motions to view the arresting officer’s personnel file to determine whether he or she has been the focus of past complaints.

The initial process of obtaining material from opposing counsel in a criminal matter is known as informal discovery. Formal discovery can be used if either side fails to comply with informal discovery. 

The court oversees formal discovery. If either side fails to comply with formal discovery, the court may order sanctions and other penalties. The discovery process always begins informally, except when requesting information about an arresting officer’s personnel file.