What are the types of Evidence Considered in a DUI Case?

Any individual found driving a motor vehicle with a blood alcohol level of .08 or more is liable to be charged with a DUI and in cities like Sacramento they even hand out DUI tickets to people who put no one at risk, drove only 3 blocks, and parked in front of their home perfectly. That is how desperate some cities are because of overspending and mismanagement.

For the most part you can be booked under a DUI law when you get behind the wheel in an impaired state due to the consumption of illegal and controlled substances, alcohol, or even prescribed medication. Laws vary from state to state and can be exploited, which is why anyone who has been arrested for or charged with driving under the influence ought to consult a DUI lawyer to protect their rights.

One of the most important aspects of a DUI case is evidence. The judge considers evidence gathered at the time of the arrest, which is known as field evidence. In addition, the level of intoxication becomes a principal factor while deciding on the amount of punishment.

According to DUI lawyers the common types of evidence submitted to court include:

• Any incriminating statements that the defendant made
• The arresting officer’s testimony regarding the defendant’s physical demeanor and behavior
• The officer’s testimony on the driver’s reckless and unusual driving
• The driver’s behavior during the sobriety test
• Photographs, videos and audiotapes of the arrest location

Other physical evidence submitted to the court includes reports of breathalyzer tests, and urine and blood samples collected during the field sobriety test. A defense or DUI attorney often challenges these tests in court when defending a client.

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Role of Police officers in Determining Intoxication

When a police officer suspects an individual to be DUI driver he or she will request the driver to pull over and ask for the license and registration. If the driver’s behavior is suspect then the officer may decide to conduct a field sobriety test. If a driver refuses the test then his license can be immediately revoked under the implied consent law which is prevalent in many states. In addition, if the DUI suspect fails the sobriety test then he or she is likely to be arrested and charged then and there.

Apart from a field sobriety test, law enforcement officers usually conduct a breathalyzer test on the DUI suspect. However, the officers can conclude intoxication if they spot any sign of abnormal behavior even in the absence of breathalyzer test. This includes and is not limited to:

• If the police officer detects alcohol smell in the driver’s breath
• When the defendant’s speech appears slurred
• If the driver displays uncoordinated and poor motoring abilities
• If the driver’s eyes are bloodshot and glassy
• If the driver’s face appears flushed and red
• If the driver has an untidy appearance

Alcohol tolerance varies from one person to another. Even when a person has consumed a significant amount of drugs or alcohol he or she might not show any signs of intoxication. Therefore, a DUI lawyer cannot claim that his or her client cannot face prosecution merely based on this fact. Here the arresting officer is the primary witness in a DUI and when you use this website http://dui-lawyers.usattorneys.com/ to find yourself some legal assistance this fact can be possibly attacked.

Since seasoned police officers are considered credible witnesses the defendant’s DUI lawyer never has an easy time getting his client off the hook. However, astute legal representatives do have several ways to help their clients beat a DUI charge. This includes making evidence inadmissible by challenging the breath, blood, and urine tests.

The police officer’s report made during the arrest is submitted to the court as evidence. Depending on the circumstances surrounding the case, a legal counselor can potentially make this evidence inadmissible as police reports can be challenged as hearsay in many cases. If you are concerned about a DUI violation it is prudent seek help from a DUI legal professional.