Defending Your Custody Agreement: Protecting Your Education Choices

Understanding The Different Types Of Evidence In A DUI Case

7 March 2022 by Daryl Young

If you're facing a DUI charge, the prosecution has to present compelling evidence during your trial. The judge will only convict you if the evidence proves your guilt beyond a reasonable doubt.

Take a look at the evidence used in DUI cases and the possible defense strategies.

Police Reports 

The police report will likely be the most crucial evidence in your case. It will include information about the traffic stop and your actions during your arrest. Your lawyer could look for inconsistencies between what the arresting officer says happened and what actually happened.

If your lawyer can prove errors in the police report, you can have your charges dropped. For example, if the officer incorrectly calculated your blood alcohol concentration (BAC), a licensed DUI lawyer can get your case dismissed.

In another instance, if you consumed alcohol only a short period before you were pulled over, your lawyer could argue that your BAC was rising and not at the level that would result in a DUI conviction.

This argument is based on the scientific principle that alcohol is rapidly absorbed into the bloodstream and only stabilizes hours after it reaches the maximum level. Since this argument may require irrefutable proof, your lawyer may need expert testimony.

Video Footage 

Sometimes, there may be video footage of the traffic stop and your arrest from a police dashcam, bodycam, or surveillance camera. Your lawyer can review the footage to look for any mistakes made by the arresting officer or inconsistencies in their testimony.

For example, the officer may claim that you failed all field sobriety tests when the video shows that you passed them. If the video is clear and there is no other evidence to support the officer's testimony, the charges against you can be dropped.

Remember that any evidence gathered after an illegal stop cannot be used against you in court. So, if the officer did not have a valid reason to pull you over, your lawyer could file a motion to dismiss.

Forensic Evidence 

Forensic evidence can include blood or urine samples. After your arrest, these samples require screening for alcohol or drugs. However, the results of these tests may not always be accurate. For example, a urine test may show a higher BAC than a blood test.

Your lawyer could challenge the results of these tests by arguing improper handling of samples or misinterpretation of the results. They can also argue that the results were inconclusive or do not prove impairment.

Talk to experienced DUI law services if you want expert representation for your case.  

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