Possibly because of particularly misleading movies and television shows, many drivers inaccurately believe that the only factor that matters in a drunk driving charge is how much alcohol the officer can prove is in the accused person’s blood at the time. However, this is not always the case. While blood alcohol levels are certainly a key factor, other things may contribute to a DUI charge.
An officer may use two other kinds of evidence, in addition to blood alcohol content tests, to make the case for a driver’s impairment. These include field evidence and driver evidence. Field evidence pertains to testimony by the officer regarding the driver’s actual driving, the way drivers conducts themselves during the stop.
Driver evidence generally refers to aspects of the appearance and conduct of the driver during the stop. Drivers may present evidence in the way they are dressed, or if they are particularly disheveled, or if they smell like alcohol or slur their speech.
Of course, these types of evidence leave significant room for bias on the part of the officer, so it is important to remain vigilant and defend the rights of those who may be unfairly accused. You may suspect that some of the evidence supporting your DUI charges is unfair or inflated by the officer who issued them. If so, you deserve to explore ways you can defend against unfair charges and stand up for fair treatment on the par to drivers everywhere. An experienced attorney can help you scrutinize the charges and craft a strong defense, personalized to your needs.
Source: FindLaw, “Elements of a DUI Offense,” accessed Sep. 01, 2017