What Proof Is Used in DUI Cases?
You've just got out of jail after being pulled over, tested for alcohol, and arrested for a DUI. What's next? You have to defend yourself in court.
Can you plead innocent to the charges? Absolutely, as a successful DUI defense is very possible. On the other hand, the odds are against you. You have to know what evidence is being brought. Just like when you get into an accident, proof of what exactly happened can define the following events. This blog guide will explain what proof will be used against you and how you can discredit it.
A breathalyzer tests the blood alcohol intoxication you have by, as it sounds, your breath. On a more scientific note, once alcohol is absorbed into the bloodstream, it goes through your lungs, where the breathalyzer comes into play. The process, though useful and often right, is not perfect. There is some potential for mistakes. Yes, the majority of the time a positive breath test is correct. But since the tests are subject to human error and it makes no difference how much you weigh or if you're man or woman, it's not the most damning evidence.
Blood tests are the most damning evidence. Why? As noted, alcohol goes into your blood. It does not go out of your urine. Therefore, testing your blood alcohol content, BAC, is the most accurate of all tests for alcohol. If you are over legal limit of .08 on a breath test, there may be some question. But if you fail a BAC test, you may be in trouble.
The officer will be writing the report on what happened, making what you do and say crucial in defense. As often quoted, what you say can be held against you in a court of law. Therefore, the less you say the better. You have to, by law, give your name, license, and identifying information, but you need not answer every question the officer asks. Also, the officer may ask you to do a field sobriety tests such as walking a straight line and as we note on this blog, that's not always required. Few states have laws where you have to take a field sobriety test.
In court, your testimony will not be the deciding factor unless something clearly illegal happened. If you were pulled over for absolutely no reason, perhaps because of how you looked or how your car looked, that is against the law. Profiling based on race, sex, and other appearance does occur. If you feel your rights were infringed upon, you have a right to say so in your testimony.
Can you win?
Yes, beating DUI charges even with evidence against you is very possible. But, face it, if you are guilty and the officer acted correctly, you may have to accept some penalties. Even then, you might be able to avoid some of the charges, such as a long jail sentence.
Who can help?
Hiring a professional DUI lawyer is crucial in winning in court. And winning is not always beating every charge; sometimes lessening license suspensions or avoiding jail time is a win. No matter what, get an experienced lawyer willing to spend time into defending you. Simply forgoing a lawyer, and pleading guilty, may mean maximum penalties.