Dealing with criminal allegations can put a considerable damper on your life for a substantial amount of time. No matter what the charges are, you could find yourself dealing with legal proceedings, court costs and other elements that may result in your feeling overwhelmed. If police have charged you with driving under the influence, you will want to focus on what elements could come into play during your case.
By having an idea of what factors the prosecution may try to use as evidence against you, you can feel competent in building and presenting a meaningful criminal defense. Three types of evidence typically play a role in determining whether a person was under the influence.
Blood-alcohol concentration level
One element that you may have heard about often enough is blood-alcohol concentration level. This level measures the percentage of alcohol in your system, and the results could come from breath, blood or urine testing. All states have a per se BAC level of .08 percent, and this level means that even if you do not show signs of intoxication, you could still face charges if your BAC reaches or exceeds this level.
Another type of evidence that police may enter in association with your arrest relates to field evidence. This information typically comes from the arresting officer's report and may include testimonies regarding your actions while driving, your conduct during the stop, your appearance, how you performed in any field sobriety tests or photographs or other similar evidence taken at the scene. Additionally, if you make any comments or incriminating statements at the time of the arrest, that information could go into field evidence against you.
Making incriminating statements is not the only issue that could present itself as police may also collect evidence from other drivers. This evidence typically associates with your appearance and physical presence at the time of the arrest. If an officer notes that your clothes are disheveled, that you have unkempt hair, a flushed face or bloodshot eyes, that information could go into evidence against you as signs of possible intoxication.
Though any of these types of evidence could come up during your criminal case, you have the right to defend against the allegations leveled against you. As part of your defense presentation, you may have the ability to explain why you had a disheveled appearance or dispute any other evidence against you. Information on creating a criminal defense may help you feel more confident in addressing your legal situation.