DUI Evidence used to convict you of a Colorado DUI or DWAI
DUI EVIDENCE – prior to police contact
Even before an officer approaches your car – the DUI investigation begins and DUI evidence is being collected. Officers are known to frequent areas around popular bars and establishments and just wait for someone to drive away. There must be a reason for the stop – officers CANNOT just pull you over. Many times, the officers will allege a violation of a Colorado Vehicle Code. This can be speeding, unsafe turn, or expired license plate. Any violation will be a valid reason for stopping the car. If there is no valid reason – then most reports will list weaving within a lane.
A DUI investigation can also arise from an investigation of a traffic accident. There is no requirement that the officer see you drive for the investigation to commence. The government can prove elements of DUI based on circumstantial evidence, such as possession of the keys and position of the driver’s seat and ANY admissions made by you. See our posts on Miranda and DUI Stops for more information on why you should not talk to the cops.
DUI Evidence – after police stop you
After the cops pull you over – DUI evidence is gathered within the first contact with you. Officers will ask you to look at them – they are looking for red, watery eyes and may even ask you to follow a pin. You do not have to do this because you have a Fifth Amendment Right not to incriminate yourself. The cop will use these observations as DUI evidence in a jury trial to convict you. Other observations used as evidence of DUI include: odor of alcohol, unsteady gait, slurred speech, and dexterity issues.
The next DUI evidence gathering phase are the field sobriety tests. The officer will start by asking you a series of questions and then ask you to perform several tests. NOTE, the officer is asking you to do something – you do not have to do it. For more information vista our post on Standardized Field Sobriety Test.
DUI Evidence – after arrest
At the conclusion of the investigation after subjective DUI evidence is collected and upon arrest, the officer provides an Express Consent Test of either your blood or breath. This can be the most powerful DUI evidence that a prosecutor will use in a DUI prosecution
The government will use all negative aspects of the DUI evidence and completely ignore any evidence that shows you are not guilty. An experienced Colorado DUI attorney will obtain all relevant discovery – not just what the government initially provides. The discovery and investigation phase that a Colorado DUI attorney should conduct is to determine the ability to obtain defense evidence to present to defend the charges. Once the additional DUI evidence is received, your Colorado DUI attorney must be able to competently present the evidence to court and the DMV.
Thank you for visiting our post on DUI evidence. For a free consolation or additional information, contact us today at (303) 747-4686 or by clicking here.