14Jan 2020

Should Observational Evidence Be Enough To Convict You of a DUI?

In most cases of those charged with a DUI, the prosecution relies mainly 
on breath or blood analysis results to obtain their convictions. A 
scientific test that shows how much alcohol is in an individual's 
bloodstream at a given time is very strong evidence and often difficult 
to refute. However, what happens if that test or tests used is thrown 
out? There are many occasions when this happens, either due to a 
technical error in the application of the test or a legal error in 
obtaining the test and its results.

Without the results of a blood, breath or other scientific test, the 
prosecution has to then rely on what is known as observational evidence 
to prosecute their case. Observational evidence, as you might guess, is 
evidence obtained by observing an individual or situation. The most 
prominent type of observational evidence are the field sobriety tests 
and the officer's assessment of the individual's actions and state of mind.

In one specific New Jersey case, an individual who had their breath test 
thrown out argued that the officer should have maintained a video of him 
before the administering of the test to show his behavior and demeanor, 
instead of just relying on the officer's statements of the individual's 
actions and appearance. The lower court agreed. If you live in 
Burlington, Essex, Colchester, Winooski, Williston, Shelburne or 
anywhere in the state of Vermont, and have been arrested or charged 
with DUI or any crime, call Handy Law for aggressive and experienced 
legal defense.