Putting DUI Evidence To The Legal Test
Those arrested for driving under the influence (DUI) can impact the way things turn out by fighting back. Not all DUI arrests are legal, and everything that happens after your arrest will hinge on the quality of the evidence the state has against you. As you work with your criminal defense lawyer to fight the charges, evidence will become a key component, so take a look at what the prosecution is counting on to convict you of DUI.
Nearly all law enforcement officers wear cameras, and dashcam video footage has been part of DUI evidence for years. This footage captures everything from the moment the officer spotted you in your vehicle till you were dropped off at the local station to be booked. If there was no reasonable cause to stop you, nothing that happened later on matters. If the field sobriety tests were not properly supervised, or if you were not read your Miranda rights, you have an illegal stop on your hands, and your case will probably be dropped.
The Accident Report
Each arresting officer has to complete a report that summarizes the stop, tests, and arrest. Your lawyer will scrutinize the report for errors and omissions to locate anything that was not properly executed.
Field Sobriety Testing
Nearly all DUI arrests have several field sobriety tests carried out at the side of the road. However, even sober people could potentially not be able to pass some of these tests carried out with poor lighting, noisy and dangerous traffic conditions nearby, or an uneven surface. Many people have neurological, physical, or mental conditions that prevent them from passing these tests. All of that can be used to weaken or eliminate this form of evidence.
Blood Alcohol Concentration
Finally, a breathalyzer test is part of all DUI arrests. In some cases, a portable device is used at the roadside to measure the blood alcohol concentration (BAC) of a defendant. In some instances, the BAC is tested by a larger instrument at the station. These measuring devices are only as accurate as the officer giving the test and the calibration of it. In the case of blood draws, they have to be carefully handled, as all evidence does. The chain of evidence must show the draw is properly transported, at the right temperature, and that the blood was tested only under certain conditions.
Talk to a DUI lawyer and find out more about fighting your DUI arrest and conviction.