Many traffic violations are only minor offenses. People receive traffic tickets and may have to pay a fine. However, they don’t end up facing criminal charges or dealing with a permanent criminal record.
Other traffic violations are far more serious. Allegations of drunk driving could lead to driving while intoxicated (DWI) charges rather than a simple ticket. The allegedly intoxicated motorist could be at risk of incarceration, large fines and possibly also a lifetime criminal record.
Police officers who suspect people of impaired driving often look for corroborating evidence that they can use to justify an arrest. What types of evidence often help support DWI charges?
Statements made by the driver
People pulled over by police officers often try to explain their situation. They might admit to having a little to drink, which can be enough to strengthen an officer’s suspicions.
Officers may ask questions about someone’s recent drinking and their usual habits. Any statements made by people during traffic stops or after an arrest can potentially strengthen the legal case against them in criminal court.
Field sobriety test results
Sometimes, officers believe that people may have had too much to drink. However, their statements and conduct on the road are not sufficient reason to arrest them. In those scenarios, police officers might ask people to step out of their vehicles and submit to field sobriety testing.
The goal is to gather evidence of their impairment based on their physical capabilities and bodily reactions. Field sobriety testing often occurs when officers do not have the probable cause necessary to arrest a driver. The evidence they obtain during testing can give them reason to arrest a driver and can also provide the prosecutor with evidence to use during a trial.
Chemical test results
After an arrest, police officers are likely to perform chemical tests. They can ask drivers to provide a breath sample as a way of establishing their blood alcohol concentration (BAC). Chemical test results that show BAC results over the legal limit can lead to prosecution.
Unlike field sobriety tests, which drivers can generally decline without consequence, chemical testing requested after an arrest or as part of the arrest process is legally necessary. Drivers who decline post-arrest testing may face secondary consequences.
Depending on the circumstances and the evidence the state has accumulated, there may be several different defense strategies that could help people avoid DWI convictions. Reviewing the circumstances leading to new charges with a skilled legal team can help people plan responses that limit the long-term consequences the state might impose.
