Your drunk driving charges: Evidence might outweigh BAC tests

| Jul 9, 2018 | Uncategorized |

Being stopped on suspicion of drunk driving isn’t a pleasant experience. Many drivers think that if they pass the blood alcohol concentration (BAC) test, they won’t face the DUI, DWI or OUI charge. But it’s possible for other evidence to outweigh those results.

It is important for anyone who is stopped for drunk driving to understand certain things about their rights. These might provide help with your defense if you have been charged.

Statements you make

The statement you make can have an impact on what is done during the traffic stop. Remember that you have the right to remain silent, which might be a good idea if you have been drinking and don’t need to admit to that fact. For example, if you tell the police officer that you had six shots, but pass a breath test, you may still be arrested based on your admission of consuming alcohol.

Another thing to remember is that anything you say can be included in the police report. This can be used in the case against you if there are criminal charges that result from the traffic stop. Remaining silent means that there won’t be any statements from you placed in those reports.

Your attitude and actions might also play a part in the outcome of your case. If you are acting inappropriately jovial or overly aggressive or defensive, there is a chance that your behavior might influence the officer’s choices or come up in court later.

Field sobriety tests

Officers might conduct a field sobriety test to determine whether you are showing signs of impairment. This might be videotaped, and it is considered evidence that supports a breath test in some cases.

These tests can also be used independently to corroborate the officer’s assertion that a driver was impaired while driving. Interestingly, field sobriety test results may be used to show, supposedly, that you were impaired despite being able to pass the breath test.

Faulty breathalyzers and reasonable suspicion

There may be something wrong with the breathalyzer machine. This could lead to faulty evidence being presented against you in court. Other evidence, such as the reasonable suspicion that the officer had to pull you over, might be the basis of the prosecution’s case against you.

It is always best to explore all the options that you have in a DUI/OUI case so you can make informed decisions. With regard to drunk driving charges, your choices could make a huge difference.