Police officers who suspect an individual of drunk driving typically start gathering evidence as soon as possible. The documentation collected by a police officer before, during and after a traffic stop determines whether a prosecutor chooses to bring charges against a motorist and what defense strategies they can potentially develop with their criminal defense attorney.
Defendants often face three specific types of evidence that they may need to challenge or counter at trial if they hope to avoid a conviction.
Witness testimony or video footage
Suspicions of drunk driving often begin with poor performance on the road. Police officers sometimes follow motorists to record their behavior using a dashboard camera. Other times, concerned members of the public might call to report a suspected drunk driver to local authorities. Their testimony could help establish that a driver’s behavior was erratic or unusual. In many cases, what seems unusual to police officers or other motorists can have reasonable explanations.
Field sobriety test results
When police officers believe that a driver committed a DUI offense, they may ask them to exit their vehicle. They may then request that the driver submit to a series of field sobriety tests. Those tests include the one-leg stand test, the walk-and-turn test and the horizontal gaze nystagmus test. Officers typically administer these tests in a location that they can record and may then use a driver’s performance as a justification for additional testing requests or an arrest.
Chemical test results
Once a police officer has probable cause to suspect a DUI offense, they can arrest the driver and demand chemical testing. Any test results that show that they are over the legal limit may help strengthen the state’s case. Of course, there could be reasonable alternate explanations for a high breath test result, just like there can be other explanations for poor performance on field sobriety tests.
Those who understand the case against them can use that insight as they begin developing a response to their pending criminal charges. Drivers who have support as they review the state’s evidence and plan a response to their pending DUI charges may improve their chances of successfully avoiding a conviction.
