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Challenging the Physical Evidence in Your DWI Case

Challenging the Physical Evidence in Your DWI Case

When you’re facing a charge of driving while intoxicated (DWI), you could be facing high fines, years in jail, and the loss of your license for a certain length of time. Because the stakes can be high in these cases, it’s vital to have a skilled criminal law attorney who can help you challenge any physical evidence the prosecution might use against you in court.

Physical evidence in a DWI case can include any open containers of alcohol that might have been found in the vehicle or at the scene, the outcome of a chemical blood alcohol content (BAC) test, and any other relevant evidence.

The most important aspect of any DWI case is going to be the chemical tests. Blood and breath tests prove you were inebriated when operating a motor vehicle. If your BAC showed 0.08% or more of alcohol in your blood, the prosecuting attorney would use the test result to seek a conviction.

This type of chemical test is incredibly objective but must be acquired through legal means. For example, in most cases, the police need to wait for a warrant to collect blood from an unwilling suspect. If a police officer violated your rights when obtaining the blood or breath sample, the evidence collected could not be used in court against you. If the test was the most substantial piece of evidence the prosecution has, they might be forced to drop the case.

Likewise, field sobriety tests and the officer’s observations of your appearance and demeanor are other types of physical evidence the prosecution might bring into play. Unlike chemical tests, these are much more subjective indications of your inebriation. An officer also has to follow particular instructions when giving a field sobriety test; to do otherwise could interfere with the results, which make the observations moot. A police officer’s observations about your behavior without any supporting evidence also might not be strong enough to convict you of a DWI.

Challenging evidence requires the knowledge and education to understand when a police officer committed an error, how a chemical test might have gone wrong, and why field sobriety tests aren’t a purely objective indicator of drunkenness. One of our skilled Muncie DWI lawyers can take a look at your situation and offer recommendations about your best course of legal action. Let us see what we can do for you and your case.

Contact us at (765) 663-4009 or fill out our online form to schedule a free case consultation with us today. We look forward to speaking with you.

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