When police officers stop a driver for suspected DUI, they must collect valid evidence that gives them enough probable cause to make an arrest. Let’s discuss some of the common types of evidence that the police use.
Breath Test Results
Breathalyzer results are the most used piece of evidence in DUI cases. A breathalyzer measures the amount of ethanol in the driver’s breath and makes an informed calculation about their blood alcohol concentration.
Many people believe that the results of this device are always accurate, and being above the legal limit will result in an automatic conviction. This is not the case. With knowledgeable and creative defense, you can fight your breathalyzer results.
Field Sobriety Tests
Field sobriety tests involve the driver walking in a straight line, balancing on one foot, and other tasks that show their coordination. If they appear to be disoriented, off-balance, or otherwise impaired, the officer may use this as cause to make a DUI arrest. However, it’s important to note that many sober drivers cannot pass these physical examinations.
If you are asked to take a field sobriety test, always refuse. Be calm and firm; you are within your rights to say no.
Are these tests videotaped? There is no one answer to this. Sometimes, officers may have video footage of your field sobriety tests from their bodycams or vehicle dashcams. Other times, there will be no documentation, only the officer's report of your performance.
The officer may take note of, and formally report, any additional suspicious behavior during your DUI stop. In these instances, it’s the driver’s word against the officer. It can be difficult to combat what the officer is saying, but your defense attorney can work with you to create a strong case on your behalf.
Building Your DUI Defense in Florida
After a DUI arrest, contact our team at Hager & Schwartz, P.A. as soon as possible. Once we know the evidence being presented against you, we can figure out a plan to combat it. Discuss the details of your arrest and case with our team today: (954) 840-8713.