DUI Evidence
In order to protect a driver’s Fourth Amendment rights, law enforcement agents follow strict guidelines when pulling over a DUI suspect. Before the traffic stop can even be made, the officer must have probable cause to believe a crime is being committed.The most common reason that a driver is stopped on suspicion of drunk driving is erratic driving patterns. There are four categories that erratic driving can be placed into: speed and brake problems, judgment errors, inability to stay in the correct lane, and lack of attentiveness.
Speed and brake problems may include driving too slowly, driving too fast, braking for no reason, and failing to stop at traffic lights and stop signs.
Judgment errors include tailgating, abrupt turns, and lack of concern for other vehicles on the road.
The inability to stay in the correct lane is demonstrated by taking excessively wide turns, weaving between vehicles, and straddling a divided line.
Driving without headlights, inconsistent signaling, and driving into oncoming traffic all demonstrate a lack of attentiveness.
If the officer did not have probable cause to pull you over, you should let your defense attorney know immediately.
After being stopped for drunk driving, the officer will begin collecting DUI evidence to show that a driver is under the influence of drugs and/or alcohol. The driver’s appearance and behavior may be used to prove intoxication. For example, if the driver has bloodshot eyes, slurred speech, is combative and/or argumentative, and smells of alcohol, this may be used as evidence against the driver.
The results of the field sobriety tests may also be used as evidence in a DUI case. It is important to remember that the results from these tests are subjective, as the officer grading the test already believes that the driver he or she pulled over is intoxicated. You should also know that taking a field sobriety test is entirely voluntary – you cannot be punished for refusing to take the test.
The results from a breath or blood test may also be used a DUI evidence. In all states, it is illegal to drive a vehicle with a blood alcohol concentration (BAC) of .08 or higher. Unlike field sobriety tests, BAC testing is not voluntary. In fact, refusing to take a blood or breath test can lead to stiffer penalties than if you took the test and failed.
Do you have questions about DUI evidence? Contact a local DUI defense lawyer today.
