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Biological Evidence And DUI Cases: What Defendants Need To Know

22 November 2021

Lawrence Ross

Driving under the influence (DUI) cases can be complicated because of the many forms of evidence involved. However, some of that evidence may not be as valid as it should be. Read on and find out how biological evidence can figure into your DUI case.

DUI Evidence in General

If law enforcement officers have probable cause to stop your vehicle, evidence begins to accumulate from the moment the blue lights appear in your rear-view mirror. From that point, the dashcam on the police cruiser along with the officers' body cam (in most places) records everything that occurs. The officer's observations can lead to you being asked to perform certain field sobriety tests.

Commonly, those tests can highlight a suspect's inability to respond accurately to instructions, perform the steps of the tests, and remain steady while doing so. However, these field sobriety tests are often inconclusive and can be challenged easily by the defense. After all, all it takes is an inability to understand speech or someone with physical or neurological issues to destroy that bit of evidence. So law enforcement then turns to biological evidence.

Breathalyzer Testing

This test may be performed on the roadside using a portable device. Then, back at the police station, another test may be performed on a larger breathalyzer. Without diving into the chemistry behind it, a breathalyzer measures the expelled breath for alcohol that has been metabolized by the body. Breathalyzer tests, however, are subject to the below issues:

• Improper calibration, testing, and certification of the device and personnel administering the test.
• Recent use of mouthwash or breath mints by the subject.
• The possibility of acid reflux by the subject along with belching or burping prior to the test.
• Toothache remedy use.

Blood Testing

In most cases, law enforcement must obtain a warrant to perform this test since it's viewed as a medical procedure. However, if a blood draw is performed, the results are known to be extremely accurate unless an irregularity is found with the draw, storage, transport, or testing of the sample.

Urine Testing

Urine tests are seldom used anymore because of the problems with maintaining the integrity of the samples. In many cases, urine samples are sensitive to temperature and other issues.

Everything that occurs once law enforcement spots you can be challenged by a defense attorney. Don't trust your DUI defense to just anyone. Speak to a criminal law DUI attorney and have them take the state's evidence apart bit by bit.

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