Wednesday, December 2, 2015

What types of evidence are considered in a DUI case?

Driving under the influence is a criminal offense throughout the country although each state has its own set of laws that may vary. In general, a DUI or driving under the influence is defined as when a person operates a motor vehicle while he is intoxicated.

The Famous Number

For the most part, the technical definition of intoxicated varies from state to state. However, in most states including Louisiana, anyone found driving with a blood alcohol content of 0.08% or higher is said to be intoxicated, and is liable to face DUI charges.

If you are the victim in these circumstances you have the right to outstanding legal counsel. The other side may or not care about your plight but how they feel about the situation is irrelevant. Your car has been smacked into or you have hit them because they pulled out right in front of you. Either way, this website was designed to help people like you even the score.

As per Baton Rouge, Louisiana DUI lawyers, DUI offenders face serious consequences and the scope of the punishments vary not only from state to state but also on factors such as the severity and magnitude of the crime, and the past criminal record of the guilty party.


Therefore, a person that is convicted of a first time DUI offense and was arrested in a routine DUI checkpoint will face consequences that are not as harsh or as serious as a repeat offender who was apprehended after he caused a drunken driving accident that led to someone becoming seriously injured.
When such arrests are made, state prosecutors file criminal charges against the suspect. The suspect will then be tried in court and sentenced if convicted or found guilty of his charges. The suspect will obviously be allowed to appoint a fantastic DUI legal representative to protect himself and argue his case while on the other hand the prosecution will present evidence with the intention of incarcerating the suspect (the DUI driver).

The Different Types of Evidence in a DUI Case

According to Louisiana DUI attorneys, evidence in a DUI case comes in many forms. Some of the most popularly acknowledged forms of evidence in a DUI case are law as follows:
  • Law enforcement officers/arresting officers testimony – This is a written or verbal statement made by the officer who arrested the suspect. This statement can include the officers account of what happened and any obvious visual clues or odor pointing towards the suspect being intoxicated (if say the officer smelt alcohol on the suspects breath or if he noticed his eyes were blood shot or that his speech was slurred).
  • Incriminating statements made by the defendant himself – Some suspects fail to exercise their right to remain silent during the arrest and choose to answer questions posed by law enforcement officers. They ought to remember that anything they say can and will be used against them in a court of law. This is why so Baton Rouge, Louisiana DUI lawyers recommend that anyone pulled over for DUI refrain from talking to arresting officers.
  • Officers’ testimony about how the suspect fared in a field sobriety test – A field sobriety test is performed to check the balance and coordination of a suspect. They are asked to repeat the alphabet backwards, stand on one leg, and walk in a straight line, to name a few. The officer is the judge of their performance and can hence testify about the same in a court room.
  • Videography/photographic evidence – Dash cam videos, traffic video recordings, etc can be used as evidence.
  •  Chemical sobriety testing – breathalyzer test results, blood test results, urine test results, toxicology reports are all very concrete evidence.

If you have been arrested or charged with a DUI, make sure to seek help from a marvelous and cutting edge Louisiana DUI lawyer. Your legal representative will use his skills and resources to challenge the evidence in court and protect your rights.

A Website with Meaning and a Purpose

You have made a mistake and other side may be screaming loud enough in anger that someone 2 counties over is aware of the situation but this does not mean that emotions will not subside. Whether they do or not, you still have the right to a wonderful DUI defense. https://usattorneys.com/ was created so that everyone can receive a fair shake and no one is mistreated. 

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