Though allegations of driving under the influence occur quite commonly, you may never have suspected that you would face such charges. If police file charges against you, you may wonder what grounds they have for taking such action. The decision to level these serious allegations against you may depend on a variety of factors, much of which concerns evidence present at the time of the alleged violation.
In order to better understand what evidence authorities may consider, relating to a DUI situation, you may want to gain more information on three types of evidence typically used. These evidence types include blood-alcohol concentration levels, field evidence and driver evidence.
Your blood-alcohol concentration level refers to the percentage of alcohol in your system. You likely know that police typically use breath tests or blood tests in order to determine this percentage. Additionally, urine tests could also provide results. If your BAC level reaches or exceeds .08 percent, you could immediately face DUI charges based on per se laws relating to this type of criminal event. However, additional forms of evidence often go into consideration as well.
Another type of evidence that authorities may attempt to use against you falls into the category of field evidence. The information in this category typically involves observations made by the arresting officer. The majority of this type of evidence pertains to the officer's testimonies provided in written reports and verbal statements. Specific information may relate to the following factors:
- The manner in which you were driving and why the officer considered it unusual
- Information about your behavior at the time of the stop or your physical appearance
- How you performed during any requested field sobriety tests
- Photographs, video recordings or other similar evidence at the time of the offense or arrest
- Statements you made during questioning or arrest
Evidence in this category and in the driver evidence category could potentially overlap.
Driver evidence relates to information police gain from observing you and your appearance. This information may include:
- Disheveled clothing
- Unshaven face or unkempt hair
- Red, glazed or bloodshot eyes
- Flushed face
- Odor of alcohol
- Slurred speech
Though one may interpret these as signs of intoxication, other reasons could also exist for such appearances.
No matter what type of evidence the prosecution may have against you in cases of DUI charges, you have the right to defend yourself. Exploring information on criminal defense options may help you determine how to best approach your case.