Usually, the evidence in a DUII case includes the arresting officer’s observations of the defendant, including descriptions of the observed driving (swerving, slow to pull over, etc.), observations of the defendant after they were stopped (bloodshot, watery, glassy eyes, slurred speech, etc.), the defendant’s statements, the defendant’s performance during field sobriety tests, and the results of chemical tests for the presence of alcohol or other intoxicating substances in the defendant’s blood, breath, or urine. The observations of other witnesses, such as additional officers at the scene, or civilians who call 911 are also often used as evidence.
Many modern law enforcement agencies use body camera or dash camera footage which can also be used as evidence in a criminal prosecution. This often records statements made by the defendant or other witnesses and the scene of the incident. As a general rule, almost any evidence can be used against you if it is relevant. “Relevant evidence” means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.
- Understanding what the prosecution will likely present can help defendants prepare a better defense.
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