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What evidence will be used in my DUI case?
Question:
What evidence will be used in my DUI case?
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Get Informed - DUI/DWI Law Information
We've got a large library of DUI and DWI law articles, Q&A's and other resources. Start here to learn about DUI laws, arrests, defense, penalties and more.
DUI Basics
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Your DUI and the DMV
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
DUI Arrests, Police Reports, Arraignments, and Fees
After you're arrested, booked and released, you'll need to get ready for your arraignment.
After you're arrested, booked and released, you'll need to get ready for your arraignment.
DUI/DWI Charges and Penalties
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
Fighting a DUI
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
Getting Help with a DUI/DWI Charge
There are some things you can do yourself and some which require the help of an attorney.
There are some things you can do yourself and some which require the help of an attorney.
DUI cases are only as strong as the evidence against a driver. There are different types of evidence from subjective field tests to the more objective blood test. A police officer might pull a driver over because he is speeding or for some other traffic violation. Once pulled over, the police office may suspect a driver has been drinking based on some clues during the officer’s interview. Police may also use erratic driving as a cause for pulling someone over.
Once pulled over, the police may request that a driver submit to field sobriety tests like walking a line, or asking a driver to touch his nose from outstretched arms. Field sobriety tests do not make very good evidence, unless a police officer has a video of the test from a dashboard camera or some her device. A driver can refuse to take a field sobriety test, but may then be required to take a breathalyzer. States have different laws regarding which tests are mandatory. Some states require a finding of DUI if a driver refuses to take a test. In those cases, there is almost no evidence, but a driver admits guilt by refusing a test.
There has been much scrutiny of the reliability of some of the breathalyzers used by police and some states have decided that they are not conclusive evidence because they are not reliable. The bottom line in a criminal case is that the evidence must be enough for a jury or judge to decide beyond a reasonable doubt that a person was driving under the influence of drugs or alcohol. Whether the evidence is subjective or objective may not make a big difference is the subjective evidence is particularly strong.
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