Drunk driving is a serious problem in our country, and not without reason. One accident could endanger the lives of others or cause debilitating personal injuries. However, a lot of people don’t trust law enforcement as much as they did only a few short years ago, and you need to understand how evidence is rightfully used in DUI cases.

Some people are wrongly convicted of driving under the influence of alcohol, and you cannot deny that there are certain legal procedures that need to be followed if evidence is going to be viable in your case. Understand that you do have the option of a trial, and in these scenarios the prosecutor may have different types of evidence to prove that you were driving while you were impaired.

Witness-Based Evidence

Testimony is one of the most well-known types of evidence in any type of case. By calling a witness to the stand, they can give their testimony as to your whereabouts and whether or not they saw you consume alcohol. In addition, law enforcement can be called to give testimony regarding whether or not they smelled alcohol on your breath or other factors that prove you had been drinking.

In addition, certain types of witnesses are used to lend credibility to other types of evidence. For example, they might call someone to testify who performed the procedure for your blood work to explain the level of intoxication you had experienced when you were behind the wheel.

Physical Evidence

Physical evidence is usually referred to as an exhibit. And again, this will most typically be evidence that comes from a lab report. In other types of cases, exhibits can take the form of weapons, images, video camera footage, and other kinds of documentation. However, they can’t always be admitted to a trial – many times a witness needs to give their testimony regarding the evidence before it can be used.

Evidence Summary

Not only should you know the types of evidence, but you should also know how your interaction with law enforcement can affect the outcome of your trial. For example, the following are key pieces of information that can be used in your case:

  • Testimony regarding your driving habits (e.g. reckless driving or swerving)
  • Testimony regarding your conduct and your physical appearance
  • Any statements you made that could be incriminating
  • Testimony regarding your behavior when the officer conducted a field sobriety test
  • Images, statements, videos, and audio recordings from where you were physically arrested or the area you were driving through

Additional Considerations

Even if evidence is admitted to your trial and you were truly innocent, you should know that evidence isn’t always incriminating. A trusted attorney will be able to help find flaws and errors with the evidence and the underlying reasoning. Furthermore, there are certain pieces of information that can’t legally be used as evidence if it was obtained the wrong way.  

Contact Rogers & Moss for your free, no-risk, consultation.