What Types of Evidence are considered in a DUI Case?

DUI or driving under the influence is an illegal offense. The definition of a DUI can vary from state to state, but for the most part it is operating a motor vehicle with BAC or blood alcohol concentration of .08% or more.  DUI laws are meant to punish persons who operate vehicles while impaired by alcohol, drugs, or prescription medicines. Denver, CO DUI lawyers work with these laws all day long.

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The judge or jury might consider various kinds of proof connected to the defendant’s degree of intoxication, when driving. Most of the evidence in DUI cases is collected at the time of apprehension, and is termed “field evidence” which basically is of five types:

• Testimony of the police officer on the defendant’s unusual and dangerous driving
• Testimony of the police officer about the defendant’s conduct and physical appearance
• Any incriminating statements made by the defendant
• Testimony of the police concerning the defendant’s behavior at the time of a field sobriety test
• Photographs, audiotapes, videos recorded at the accident scene

Using field evidence, the prosecutors can analyze various factors in order to determine whether pursue to the DUI case with the principal evidence depending on the results of breathalyzer, blood, or urine tests, which are essentially field sobriety tests.

Determining if a Person is Intoxicated?

To begin with, to arrest a potential suspect for DUI, law enforcement officials must have reasonable suspicion to pull the vehicle over and question a driver. If they infer that the driver is drunk, they will attempt to perform a field sobriety test to check the motor skills of the driver. There are states where refusing to yield to these tests will result in the immediate suspension of the driver's license. In states like Colorado, it is legal to refuse to take these tests. You should know this before and if you have to hire a Denver DUI attorney.

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Typically, intoxication is confirmed with the help of a hand held breathalyzer apparatus. However, there are states that let a police officer conclude that an individual is drunk based on his/her appearance or behavior.

If the police officials observe such symptoms, they may write a detailed report narrating their observations. This report can be used as proof later on in court although this might be construed as hearsay, and therefore inadmissible. However, this doesn’t prevent the police officer from testifying his/her observations and impressions.

There are times when such symptoms may be much more incriminating as compared to readings of the blood alcohol level. This is when you are about to be written up for a DUI and you will need a Denver DUI lawyer to possibly help thwart some of these claims and to help you mitigate some of these charges. Alcohol affects people in different ways. Some folks can get drunk and become physically impaired after consuming a small amount of liquor although their blood alcohol levels may be well within the limits stipulated by the state.   

The need for a DUI Lawyer

DUI laws remain a cornerstone in preserving road safety. In case you feel concerned about the proof presented in your DUI case, you ought to consider the benefits of hiring a Central Colorado DUI lawyer as soon as possible.