What are the types of evidence considered in a DUI case?

DUI is a criminal charge brought against those who choose to operate a vehicle with a blood alcohol concentration (BAC) of .08% or above. For the most part, DUI laws are not specifically applied to an alcohol-related case. These laws are also applicable to those who are found driving under the influence of drugs.

DUI lawyers in Frankfort, KY clarify that the judge and jury evaluates several types of evidence that indicate the defendant’s extent of impairment. Most of this evidence is termed as field evidence, which is divided into five broad categories.

In a majority of DUI cases there is an absence of eye witnesses and therefore the prosecution depends heavily on the arresting officer’s testimony.

• Officer’s testimony on the defendant’s physical demeanor and appearance
• Officer’s testimony regarding the defendant’s unusual and erratic driving
• Officer’s testimony regarding the driver’s conduct during field sobriety tests
• Incriminating statements that were made by the defendant at the time of the arrest
• Videos, photographs, and audiotapes taken from the accident scene

All this evidence is analyzed by the prosecutors to determine whether they have enough material to charge the driver with a DUI offense. However DUI attorneys in Kentucky assert that the most important evidence is the chemical tests that are done to ascertain the BAC level in addition to observations from the field sobriety tests.

You may believe Starbucks is a ripoff but it is nowhere near as pricey as a DUI ticket. DUI lawyers in Frankfort, KY know this for sure. 

Remember in many states the driver’s BAC at the time of the arrest is enough to charge him/her with per se intoxication. This means that a driver can get arrested if he/she had a BAC above the legal limit even when there were no visible signs of intoxication.

You may have had a rough day but driving drunk is not the proper response. There is rarely an excuse to drive while inebriated. If you have been written up for a DUI you need to press right here DUI-USAttorneys.com. You do not have the right to drive drunk but perhaps you have some of these charges waved for a variety of reasons. You need legal help though to pull this off.

Methods used by police officers to determine the level of intoxication

If a police officer has reasonable suspicion of a traffic violation, he/she can ask the driver to pull over and start questioning the driver. If they suspect intoxication then field sobriety tests are conducted to ascertain the motor skills of a driver. In many states refusing the test results in immediate license suspension, while in a few others the driver has the legal right to refuse the tests.

Now if this was a case of national importance and Jack Bauer was involved and CTU and you refused to take the test or answer any questions you may get shot in the knee or have one of your fingers broke. But this is not that important so you do not have to worry about that happening. Of course if you were in The Walking Dead world you do not need a car license to drive so it is not really a big deal but that is fiction. And of course that world could never exist in America since America has enough guns to keep the walkers at bay but that is another topic.

If the defendant had slurred speech, blood shot eyes, disheveled look, poor motor skills, flushed face, and alcohol in his/her breadth then the investigating officers have every reason to suspect intoxication. Often times prosecutors attempt to use the report as evidence.

It is critical to note that the court considers these reports as hearsay making them inadmissible in most cases. In such a scenario the officer is often asked to testify to validate his/her observation. However alcohol impacts individuals differently and sometimes the extent of impairment is severe even in people who have a BAC well within the legal limit.

It is legally hard to have a DUI charge completely dismissed unless of course the officer or the lab had made a gross mistake which is indeed rare. This means if you are unfortunate enough to be arrested and charged with a DUI it is essential to engage the services of a Kentucky DUI lawyer immediately. No rest for the weary.