Evidence That Can Be Used In A DUI Case

Driving under the influence is considered to be a criminal offense in all states. If you're above the legal set limits of intoxication and the officer in charge determines that you're unfit to drive, you'll have to stand trial. 

The consequences of drunk driving can differ from state to state, but there are many overlapping factors. For instance, police have to gather every type of evidence they can get to build a case against you. This is why you need to hire a DUI attorney to help you discredit some evidence that the prosecution team will present in court. 

Here are the different types of evidence that police can use against you.

Witness-Based Evidence

As with most cases, the prosecution team will call upon witnesses to testify against you. The witnesses will give their testimony on whether they saw you consume alcohol and your whereabouts. Law enforcement officers can also be called upon to give their testimony. In this case, they'll state whether they smelled alcohol on your breath or in the car.

Sometimes the court might call upon witnesses to lend credibility to other types of evidence. A good example is when they call a witness to confirm who performed the sobriety test or the procedure for your blood work. 

Chemical Test Results

Another critical piece of evidence that's used in DUI cases is your chemical test results. Some states require you to submit to a breath, urine, or blood test whenever you're arrested for drunk driving. These tests are used to determine your blood alcohol content and will be one of the critical pieces of evidence against you. 

Field Sobriety Test Results (FSTs)

If a cop suspects that you're intoxicated during a traffic stop, they'll ask you to participate in a field sobriety test. Your arresting officer will use three standardized FSTs:

  • The one-leg stand test
  • The walk-and-turn test
  • The horizontal gaze nystagmus test

Whether you fail or pass the FST can only be determined by the arresting officer. All in all, your FST results are admissible at trial.

Video Evidence

Video evidence can be used in court, especially if your arrest and interaction with the police were caught on a dash cam or body cam. As you well know, police officers are required to have dash cams and body cams whenever they're working. The prosecution team can use the footage on these cams to confirm your performance on the FSTs.

When facing DUI charges, you might need to hire a DUI lawyer to better your chances of beating the case.