Commonly Used DUI Evidence

Whether your defense to your DUI charges will be successful depends largely on the experience and skill of your DUI attorney and also on the strength of the evidence of your guilt.

Common pieces of evidence used in Tennessee DUI cases include the following:

Blood and Breath Tests

Blood or breath tests, which determine the amount of alcohol present in your blood or breath are key pieces of evidence.  If your test results show that you were over the legal limit, you will have an uphill battle to prove that you aren’t guilty of DUI.  However, an experienced DUI attorney may be able to work around the test results, such as by showing that the test results were invalid or the tests were improperly performed.

Physical State

If you were having difficulty walking or appeared uncoordinated at the time of your arrest, such difficulties are often used as evidence pointing to intoxication. Similarly, if you smelled of alcohol, had bloodshot or watery eyes, or appeared flushed, these physical characteristics can be used against you.

Driving Behavior

Important evidence in any DUI case is the defendant’s driving behavior. Dangerous behavior, including swerving, speeding, weaving, and stopping unnecessarily, can all be used against you in your DUI case.

Witnesses

Whether there are any witnesses (other than the arresting officer) to the occurrence is another key piece of evidence. These witnesses can include individuals who were with you earlier in the evening, passengers in your car, or those who witnessed the arrest.

Field Sobriety Tests

Field sobriety tests are designed so that you fail them, so you should always refuse to take these tests when you are pulled over. Field sobriety tests include tests such as walking forward and backward in a straight line or reciting the alphabet while standing on one foot.

If you’ve been charged with driving under the influence, get in touch with a capable Brentwood DUI attorney to analyze the reports, consider the evidence, and determine what legal action would be best for you to take.