Understanding Evidence Used at a DUI

If you’re facing a drunk-driving charge in Colorado – either a charge for driving under the influence (DUI) or driving with ability impaired (DWAI) – you have the right to go to trial. If you do go to trial, the prosecutor may use several types of evidence to try and prove that you are guilty of DUI or DWAI.

Here are two categories of evidence used in many DUI and DWAI trials:.

  • Witness testimony. Witness testimony may be used in two ways in a DUI case. First, the prosecution may call a witness to testify to his or her actual observations – for instance, by asking the police officer who arrested you what he or she saw, heard, or smelled.
  • Second, witness testimony may be used to establish that another piece of evidence actually is what the prosecutor claims it is. For instance, a lab technician may be called to explain the process of testing a blood sample that created a blood alcohol concentration (BAC) reading.

  • Exhibits. “Exhibits” may include any piece of tangible evidence introduced at trial. Lab reports are a common exhibit in DUI cases. Other criminal cases may include exhibits like photographs, documents, or other items. Usually, an exhibit must be explained by witness testimony that describes what it is before it can be admitted.

During trial, your focused Colorado Springs DUI defense attorney will challenge the weak points in the evidence, as well as fight to keep evidence out of court altogether if it was collected in a way that violated your Constitutional rights. For a free consultation with an experienced lawyer, contact The Bussey Law Firm, P.C. today at (719) 475-2555.

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