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What types of DUI evidence can law enforcement use against you?

Facing DUI charges here in California, or anywhere else for that matter, can be overwhelming. After all, these are allegations that can directly affect your personal freedom, financial well-being and even your ability to drive. Whether it's your first offense or you have previous DUIs on your record, you understand how important it is to fight back.

One of the first steps in this process for you may be to learn more about what DUI charges mean, and what factors play a role in the charges against you. Individuals facing drunk driving charges have the right to fight back, and one effective way you can do this is by challenging the evidence against you. With a strong defense, you can pursue the most beneficial outcome possible to your situation. 

The evidence against you

Police cannot simply pull a driver over just because they feel like it. There must be valid legal grounds to initiate a traffic stop. If there is supposed reasonable suspicion for a traffic stop, there must be evidence of certain things that could indicate potential drunk driving. Some of the types of evidence that police may gather and attempt to use against you as probable cause for an arrest include:

  • The appearance of unusual driving
  • The appearance of the driver and his or her behavior
  • The smell of alcohol or drugs in the car
  • The driver's performance and behavior during a field sobriety test
  • The things said by the driver 

Many types of evidence that police use as justification for a DUI traffic stop or an arrest is subjective. For example, a law enforcement officer may determine that you look disheveled, which in turn could lead to a chain of events that leads to a chemical test or even an arrest. What standards determine whether a person's clothing or general appearance indicate illegal behavior? 

As you can see, it is quite possible that an officer's personal opinions, prejudices and viewpoints could influence his or her interpretation of what is happening during a traffic stop. You are entitled to challenge these things and present your own evidence for the benefit of your defense

Don't fight back alone

If you are facing DUI charges, you do not have to face them alone. There are significant penalties and consequences on the line, and you will find it beneficial to work with an experienced criminal defense attorney who can help you fight for your future and personal interests.

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