Posted by Jim Yeargan in Jim's Blog on October 15, 2018
In a memorable news story, a grandmother in Albuquerque, New Mexico recently tried to flirt out of a DUI arrest with a law enforcement officer while the woman’s grandson remained in the vehicle. It did not take long before the woman realized that her flirting would not work and she was arrested by the law enforcement officer. No matter the circumstances surrounding your DUI charge, a common question asked by motorists facing these charges is how it will be established by the prosecution that the driver was operating the vehicle while intoxicated.
In reality, the prosecution relies on several types of evidence to order to convince the court to issue a DUI conviction. This article will take a look at these various pieces of evidence. Fortunately, an experienced DUI defense attorney understands the nature of these DUI charges and can make sure that you have the strongest defense possible to respond to them.
Reports written by law enforcement at the scene of the incident are often used to establish exactly how the event occurred and how intoxicated the driver was. These reports contain details about the manner in which the driver was operating the vehicle, such as randomly swerving or traveling in the wrong direction. Courts tend to give police reports significant weight when DUI trials are involved. Fortunately, a seasoned DUI attorney understands some of the most common strategies to weaken the reliability of police reports.
To decide if a motor vehicle driver should be asked to participate in a breathalyzer test,
law enforcement will look for several physical signs, such as slurred speech. Once law enforcement has reasonable suspicion that a driver is operating a vehicle while under the influence of alcohol, that driver will be asked to participate in a breathalyzer test. The results from this test are often used later by law enforcement to support a DUI charge.
Blood Alcohol Tests
If a person is taken to the police station after a DUI stop, he or she will likely be given a blood test. In many situations, these tests are viewed by law enforcement as more reliable than other tests and they are frequently viewed by courts as highly reliable evidence. A skilled DUI attorney is often able to determine if there are any ways to attack the reliability of these blood alcohol tests. If there are not, an experienced lawyer will determine other ways to create a strong defense for your DUI charges.
Discover How a Knowledgeable DUI Attorney can Help
When DUI charges occur, it is common to feel uncertain about what steps to take first. At Yeargan & Kert LLC, we remain committed to making sure that you have the strongest defense possible to respond to these charges. Contact our law office today to schedule a free case evaluation.