When the state accuses an individual of breaking the law, evidence is critical. Typically, prosecutors need evidence that proves beyond a reasonable doubt that someone has committed a crime.
When motorists face accusations of driving while intoxicated (DWI) offenses, there could be numerous penalties imposed by the courts should they plead guilty or get convicted. Drivers hoping to fight pending DWI charges usually develop a defense strategy that counters the evidence presented by the state.
What types of evidence do people generally need to anticipate a prosecutor presenting during a trial for DWI charges?
1. Phone call recordings or video footage
Frequently, police officers spot drivers engaging in questionable behavior in traffic from a distance. They may then follow the driver for some time in an attempt to record footage of them making questionable choices and struggling to control the vehicle safely.
Other times, members of the public might call to report a driver’s conduct. Video footage recorded by a police cruiser and statements made by those calling to report poor behavior in traffic can be an important part of the state’s evidence.
2. Field sobriety test results
When officers reasonably suspect people of impaired driving, they may ask them to exit the vehicle. They may then administer a series of field sobriety tests.
The goal is to analyze an individual’s functional capabilities and determine if they are likely under the influence of mind-altering substances. Police officers typically record video footage of field sobriety test results and take notes as well. A driver’s performance on field sobriety tests can serve as relatively compelling evidence during a trial.
3. Chemical breath test results
Chemical testing allows the states to validate an individual’s blood alcohol concentration (BAC). A high BAC is a criminal violation on its own regardless of how well a person drives or their performance on field sobriety tests.
The type of evidence the state intends to use at trial influences the best defense strategy. People can explain why they failed certain tests or ask the courts to set aside evidence gained through police officer misconduct.
There are different defense strategies that can help people facing different types of evidence. Reviewing evidence carefully can help people prepare a reasonable defense strategy and potentially avoid an unfair DWI conviction.
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