In a DUI case, like any other criminal case, before a jury (or a Judge) can consider the State’s evidence against, that evidence must be legally admissible. What that means is that the evidence against you can be suppressed (not heard) if your constitutional rights were violated by the police, or if the police did not follow the proper procedure and your case would likely be dismissed.
Reliability of the Evidence
If the evidence is not suppressed the State’s case against you will rest upon the reliability of the evidence. Generally the State’s evidence in DUI consists of the police officer’s testimony regarding his observations of your ability to drive (weaving, not using turn signal), your overall appearance, your behavior, the blood alcohol content test (BAC), your performance on the field sobriety tests, and any statements you made to the officer.
None of the evidence against you is accurate 100% of the time. The officer’s testimony concerning your level of impairment is simply the officer’s subjective opinion and is open to argument as to why he is wrong. Additionally, the blood alcohol test is also not perfect. Many factors, including lack of maintenance, can invalidate test results. Many times what appears to be reliable evidence is wrong and can weaken the State’s DUI case. Each case is different and not everyone can successfully make these arguments. But you will never know if the machine was providing erroneous test results unless you have an experienced attorney request and examine the machine’s data. Without a full inquiry into the evidence against you, you may never know if there are issues with the prosecutor’s case against you.
Objective And Subjective Evidence
Because DUI evidence includes both detailed objective science and subjective eye-witness observations, it is essential that your Indianapolis DUI lawyer be thoroughly understand the scientific evidence, including the officer’s training in order to expose any bias in the officer’s conclusions that your driving was impaired. Officers are trained to identify the unusual and how that relates to impairment. As a result of their training officers are sometimes have incorrect recollections and with a bias toward find someone impaired, sometimes draw inaccurate conclusions. It is not uncommon for errors to occur when an Indianapolis police office is conducting a field sobriety tests or a breath test. It is essential that you find an attorney who will assess the State’s evidence for weaknesses before you make any life changing decision.
Contact our Carmel DUI law firm with questions regarding the evidence in your DUI case.
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