Police officers work to gather evidence that prosecutors present during criminal trials. Those accused of operating a vehicle while impaired by alcohol or other substances are at risk of incarceration, financial penalties and a driver’s license suspension after a guilty plea or conviction.
Defendants hoping to fight their pending charges often need to counter or raise questions about the state’s evidence. What types of evidence may support allegations of drunk driving?
1. Proof of poor driving
Police officers often have dashboard cameras in their cruisers. They may follow a motorist for blocks to capture footage of them driving in an erratic and unsafe manner. The state could also use evidence from a crash involving an allegedly impaired motorist or even witness statements from those who saw someone driving unsafely.
2. Field sobriety test results
When police officers suspect people of intoxication, they may ask the driver to step out of the vehicle and perform a series of tests. Video footage of failed field sobriety tests can support drunk driving accusations and provide police officers with the probable cause necessary to arrest a motorist.
3. Chemical test results
Once a police officer can arrest a driver, they can also request a chemical test. Breath tests or even blood tests can show that a motorist had a blood alcohol concentration (BAC) over the legal limit. That alone can be sufficient grounds for a drunk driving charge.
Those intending to fight drunk driving allegations may need help assessing and countering the state’s case. Lawyers can exclude evidence in some cases or provide a reasonable explanation for the evidence in other cases. Reviewing the pending charges with a criminal defense attorney can help people strategize effectively.