A judge or jury is who decides if someone is innocent or guilty of a crime, but the police are the ones who provide the evidence that judges use during criminal trials. In fact, officers are the ones who make initial arrests based on the evidence they collect, and therefore, the facts of a case are crucial at every step of the criminal justice system.
Because evidence can make or break a case, Buckmaster & Ellzey is going to show you what evidence police collect during driving while under the influence (DUI) arrests.
Evidence Police Collect for DUIs
There are several kinds of evidence, including but not limited to:
- Digital evidence;
- Physical evidence;
- Scientific evidence; and
Digital Evidence in DUIs
Digital evidence is evidence taken from electronic sources.
Digital evidence comes in the following forms:
- Hard drives;
- Cell phone logs;
- Video evidence from police cams.
In DUI cases, digital evidence will most likely come from police body cameras or police cruiser dash cameras. Video captured from these cameras could be submitted as evidence that the accused was visibly intoxicated during the traffic stop. It could also be used to back up an officer’s testimony that the accused failed one or more field sobriety tests.
Physical Evidence in DUIs
Physical evidence is any evidence introduced in the form of a partial or whole physical object.
Common forms of physical evidence include:
- DNA samples;
- Casts of footprints;
Police officers collect various forms of physical evidence for DUI arrests. For example, if someone was literally drinking while driving, an officer may collect the can or bottle the accused had in the car and submit it as evidence. In driving while under the influence of drugs (DUID) charges, drug paraphernalia may be used as evidence of driving while high or otherwise influenced by drugs.
Scientific Evidence in DUIs
Scientific evidence is any evidence submitted to the court that claims to be scientific in nature. Scientific evidence must conform to generally accepted scientific principles.
Common forms of scientific evidence include:
- Psychiatric evaluations;
- Chemical evaluations; and
- Drug evaluations.
Police officers may collect two forms of scientific evidence in DUI arrests depending on the scenario at hand. First, the police may collect breathalyzer samples (from machine breathalyzers at police stations, travel breathalyzer results cannot be used as evidence in court) to show that someone was over the legal limit. Additionally, officers may ask doctors or nurses for blood samples if the accused was involved in an auto accident.
Testimonies in DUIs
Testimonies are some of the most common forms of evidence used in criminal cases. A testimony is when someone gives spoken evidence about the scenario in question while under oath.
Testimonies can come from:
- Family members;
- Police officers;
- Eyewitnesses; and
In DUI cases, police officers are often the ones giving testimonies. They will typically talk about how they established probable cause (unless the arrest occurred at a DUI checkpoint), the sobriety tests they administered (if any), and their processes for determining when to arrest the accused.
You Can Always Fight for Your Case
Regardless of the evidence brought against you, regardless of what an officer tells you, and regardless of the circumstances of your case, you have the right to experienced DUI defense. The attorneys of Buckmaster & Ellzey have decades of experience representing clients against criminal charges. If you or a loved one has been accused of a crime, get Buckmaster & Ellzey on your case!
Call (888) 785-6548 now for a free consultation for your criminal case.