DUI can be a serious charge that has far-reaching implications. Understanding the evidence you can use against you will help you prepare for a successful defense if facing DUI charges. The prosecution can use various evidence to prove your impairment while driving. Knowing what kinds of evidence are admissible can help you, your attorney, and the court develop strategies to combat it. Here in this article, we’ll examine the most popular types of DUI evidence and explain how they affect the outcome.
1. Breathalyzer Results
One of the more common pieces of evidence used in DUI trials is the results of a breathalyzer. This test determines your blood concentration (BAC) by analyzing your breath. In most states, a BAC of 0.08% is the legal limit. Any BAC over this level is considered a strong indication of impairment.
Breathalyzers are not always accurate. Breathalyzers can give incorrect readings when there are machine malfunctions. They may also be inaccurate due to improper calibration or other external factors. Your DUI lawyer could challenge the validity if your breathalyzer results were invalid due to faulty administration or machine issues.
2. Blood Tests Results
In some DUIs, the police may order a blood test to determine your BAC with greater accuracy. Blood tests can be more accurate than breathalyzer tests but may still face challenges in court. As an example, contamination or improper handling of blood samples can affect the results.
Your attorney can ask to examine the chain custody of the blood sample in order to verify that it was collected, transported, and properly stored. It is possible to challenge the accuracy of test results if there is any error in the handling of this sample.
3. Results Of Field Sobriety Tests
Results of field sobriety exams are another form of evidence that is often used in DUI trials. The officers will administer these tests on the scene to test your coordination and cognitive abilities. Tests include standing up on one knee, walking along a straight path, or following a moving object using your eyes.
These tests are not intended to be objective, but they are subjective and can have a wide range of influences. Even if alcohol or drugs are not affecting your performance, poor weather, nervousness, and physical conditions can influence how well you perform. If you can prove to the prosecution that the test conditions are not ideal or that there is a medical issue affecting your performance, then it could help weaken your case.
4. Officer Testimony
The testimony from the arresting officers can also be crucial for your DUI case. The officer can use their observations, such as your behavior, appearance, or actions, during the traffic arrest to support a DUI case. This could include reports of slurred speeches, bloodshot eyes, or the smell of liquor on your breath.
This testimony, while damaging, is also subjective and open to interpretation. Cross-examining the officer is a way for your attorney to challenge their accuracy and consistency. If you were distracted, tired, or in poor lighting conditions, the officer might have misinterpreted what you did.
5. Video Footage
Many police vehicles have dashboard cameras. And some officers wear body cams. The video of your traffic arrest or stop can be used in court as evidence. Video evidence, in particular, if it shows erratic behavior or driving that may suggest impairment (such as stumbling and difficulty following instructions), can be very persuasive.
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Conclusion
You may feel overwhelmed by the amount of evidence you can use against you. The prosecution has many tools to use, including blood and breath test results as well as field sobriety checks, and testimony from witnesses. With the help of an experienced DUI lawyer, you may be able to challenge the reliability and lower the charges or penalties. Understanding the types of evidence that are commonly used for DUI cases can help you build a more robust defense and protect your rights.
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