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What Evidence Do Police Need For Drink Driving?

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By Tyrrell Sampson
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What evidence do police need for drink driving

Police will use various forms of evidence to support a case against a suspected drink driver. Some of these methods are physical tests and eyewitness statements. They are used to determine whether the suspected driver is impaired by alcohol or drugs. The results of the tests are entered into an officer’s report and are often used in court proceedings.

A BAC test will show how much alcohol is in a person’s blood. It is normally determined by chemical testing of breath, blood, urine, or saliva. A BAC of 0.08 percent or higher is enough to prove a driver is intoxicated. Those above that level are charged with aggravated driving while intoxicated. However, even if the test results are negative, the testimony of the arresting police officer is still valid evidence.

The police will also request that the driver take a portable breath test. This type of test is not subject to maintenance, so its accuracy cannot be guaranteed. However, a positive breath test will serve as probable cause to make an arrest. In addition, blood samples cannot be presented in court without a proper foundation. The police must be able to trace the history of the sample. The blood sample may have been handled by a number of people – the arresting officer, the medical technician, the transporting officer, the chemist, and the person in charge of storing the evidence.

The police can also use sworn witness testimony. Typically, the arresting officer will testify in a DWI case, but other witnesses may be called to provide testimony about the defendant’s actions. Some cases also include expert witness testimony that explains the results of toxicology or chemical tests. These experts will also give their opinion on whether the defendant was intoxicated.

The police can also search a driver’s car without a warrant. They can search locked glove compartments or strong boxes to gather evidence. Ultimately, they need to have a strong case to convict a person. This is why you should never underestimate the ability of a prosecuting officer to gather evidence.

While the Fourth Amendment still applies to the search of a car, there are some legal exceptions that police can use in cases of drink driving. The police can use an officer’s testimony in court to secure a conviction. For example, if a suspect is driving while drunk, they must also give the suspect a statutory warning. The warning must be read by the police officer to ensure that the suspect is informed of his right to refuse a breath test.

Police videotape is also an important piece of evidence in a DWI case. These videos can be helpful in showing whether the officer was abusive in his arrest. They can also serve as evidence in a case if a driver refused a chemical test.

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