Without evidence in West Palm Beach DUI cases, neither the prosecution or the defense could assemble an argument. Evidence is vital to building a case. However, what you may not realize is that from the moment you are pulled over, law enforcement is already assessing the situation and collecting evidence that shows that you are driving while impaired. If you have been pulled over for a DUI and want to know more about how the state collects and uses evidence in DUI cases, consult an intelligent and experienced DUI attorney that can answer your questions and can potentially build your defense.
Typically, the evidence in West Palm Beach DUI cases that is presented is that there was either some driving pattern that caught the suspicion of law enforcement, a traffic violation that was observed by law enforcement, or there was a motor vehicle accident that law enforcement was called to respond to and investigate. After that, the evidence that will be presented was that there was evidence of impairment.
Evidence of impairment would come from what driving was observed or circumstances of the accident. That includes anything observed through law enforcement’s contact with the driver like the order of alcohol, their speech, their balance, whether their eyes are bloodshot and watery or not, and whether they are able to coherently respond to the officer’s questions.
After the initial contact, if they observe that the driver might have been impaired, the officer would ask the driver to submit to voluntary physical sobriety tests. If they perform the physical sobriety test, the officer’s observations of those sobriety tests will be presented as evidence. Most people, even if they have not been drinking, do not do well on these o called standardized tests. If they refuse to submit to physical sobriety tests, then the fact that the person refused to submit to those tests might be admitted as well under certain circumstances.
After the sobriety tests are administered and the officer’s observations are recorded to testify to, the next piece of evidence in evidence in West Palm Beach DUI cases would be their behavior during transport from the scene to the jail. During transport from the scene to jail, the defendant could potentially implicate themselves. It is important for the attorney to know whether the defendant said anything while being transported, such as apologizing or confessing to what happened. Their actions could also implicate them. If the individual were to fall asleep, vomit or urinate, or anything along those lines, it could be indicative of impairment during transport.
After the transport, the next piece of evidence in West Palm Beach DUI cases that would be presented would be whether or not the person took a breath test, whether or not they refused, or if they took a breath test, what the breath test results would be. That would be admitted into evidence. If they refuse the breath test, whether or not they refuse, and whether or not they were warned that the refusal would take away their license could be used against them in court. That evidence would be presented to either judge or jury if the case went to trial.
After the breath test or refusal, the next piece of evidence that would be submitted would be whether or not the person who was arrested answered post-arrest questions or post-arrest interviews after being given their Miranda warnings.
After the person has been stopped, after the person has been administered or given the opportunity to perform physical sobriety tests, after the person has been arrested, or after the person has been given the opportunity for a breath test, that is when the person will be read their Miranda rights. If the person answers questions, then those questions and any answers given will be presented to a jury as evidence in a DUI case. That is the evidence in West Palm Beach DUI cases that is typically presented from initial contact all the way through testing procedures and Miranda warnings. If an individual wants to know more about what constitutes evidence in DUI cases and how that evidence can be used by the prosecution, they should consult a knowledgeable DUI attorney that could answer their questions and attempt to protect their rights.
Leifert & Leifert Criminal DefenseNA