DUI Evidence

There are strict guidelines that a law enforcement agent must follow when stopping a driver on suspicion of DUI. Even before the driver is pulled over, the officer must have probable cause to believe that a crime is being committed. During the stop, the officer must collect DUI evidence before a drunk-driving arrest can be made.

One of the most common components of probable cause for a drunk-driving stop is erratic driving. This may include weaving, swerving, driving over the center line, making wide turns, speeding, driving too slowly, driving without headlights, or other factors. All of these situations fall into four general categories: speed and brake problems, errors in judgment, lack of attentiveness, and inability to stay in the lane.

During a DUI stop, the officer will look for clues in your behavior and/or appearance to determine if you are intoxicated. These signs may include bloodshot eyes, slurred speech, the smell of alcohol, stumbling or staggering when asked to get out of the vehicle, and argumentative behavior. The prosecutor will use the officer’s observations and testimony as DUI evidence against you in court.

Most people are unaware that they do not have to answer any questions or make a statement to the police if pulled over on suspicion of drunk-driving. Any incriminating statements made may be used against you in court. If stopped, you should only give the officer your name, ID, and insurance card. You should politely decline to answer any other questions before speaking to an attorney.

Field sobriety tests are also used as a way to collect DUI evidence. These tests, which include standing on one leg and taking nine heel-to-toe steps, are supposed to prove that a driver’s blood alcohol concentration (BAC) is over the legal limit. However, these tests are not entirely scientific and have a number of flaws. You are not legally required to take any field sobriety tests.

Blood and breath testing is also used to collect evidence against you. It might not be in your best interest to refuse these tests – the penalties for a refusal are often stiffer than if you had taken the test and failed. These tests are used to determine your BAC. If it is over .08 percent, which is the legal limit across the U.S., you will be charged with DUI.

DUI evidence is far from perfect. If you have been charged with drinking and driving, you should contact an experience defense attorney today. A skilled DUI attorney will review your evidence to determine whether or not it is credible and if there was probable cause to arrest you.