When drivers find themselves charged in a driving under influence or driving while intoxicated (DUI/DWI) case, it is important to understand the full extent of the charges against him or her. An important element to consider in this regard are the evidence presented against the said offender.
It is important at this point to redefine just what constitutes a DUI or DWI case. Always remember that these laws can vary in every state. However, these crimes are defined as a driver driving a motor vehicle while intoxicated or while under the influence of alcohol or drugs.
This means the elements of DWI/DUI cases revolve in these parameters. Officers have to prove two things: that drivers drove the vehicle, and that they are in fact under the influence.
On the first note, on the “driving” part, a lot of factors are considered. However, most of them are physical evidence or things that can be easily located. For instance, the location and status of the vehicle and the driver when they were found is a consideration. Was the car on or off, or was the driver inside or outside the car? The location of the keys and how the vehicle functions can also be put to question: are the keys inside the car, and is the car functioning?
Meanwhile, the “under the influence” part is a bit trickier, and officers use three types of evidence to check this. One is field evidence, the other is driver evidence, and the other is blood-alcohol evidence.
The first one, the field evidence, is generally collected in the scene. They may be testimonies about the appearance or driving of the driver in question. Another may be a testimony about said driver’s performance in the sobriety test, and if there are footage taken of the driver driving the vehicle.
This is tricky as officers have to check if the said driver actually shows “symptoms” of intoxication. These include disheveled clothes and a “messy” appearance: messy hair, unshaved beards, a flushed face, and of course the smell of alcohol.
Another crucial piece of information is the blood alcohol content (BAC) level of the defendant. These can be taken using a breathalyzer to analyze his or her breath, a blood test, or a urine test.
Drivers are advised to seek the help of a DUI attorney in order to fully understand the depth of evidence involved in these kinds of cases. They are also advised to review the certain laws in their state just to make sure they are on the right track.