Most traffic violations require minimal evidence. A police officer’s word is often sufficient reason for the courts to uphold a ticket issued for a driver’s failure to use a turn signal or decision to exceed the speed limit. However, the standard of evidence necessary increases with the severity of the allegations against the driver.
Motorists facing drunk driving charges are at risk of criminal prosecution. They could end up in jail and may lose their driver’s licenses because a police officer claims that they were under the influence while driving. Therefore, officers need to gather compelling evidence that supports their claim that a driver had too much to drink before getting behind the wheel.
How do police officers gather evidence necessary to arrest someone and convince a prosecutor to bring charges against them?
By asking specific questions
An investigation into impaired driving often begins with an officer asking a driver about their activity that day. When drivers admit to having even a single alcoholic beverage or volunteer other information, they may unknowingly help the police officer build a case against them.
By conducting field sobriety tests
When a police officer believes someone might be under the influence due to information they volunteered or how they answered questions, the officer may ask the driver to exit their vehicle. They may then guide the driver through a series of physical tests. The purpose of field sobriety testing is to establish a reasonable suspicion of chemical intoxication. Drivers who struggle to perform the standardized field sobriety tests may be at risk of arrest and criminal prosecution.
By administering breath tests
Chemical testing is perhaps the most authoritative way of establishing drunk driving. Officers can sometimes get drivers to voluntarily submit to tests. Other times, they wait until they have reason to arrest a driver. At that point, implied consent laws make submitting to the test mandatory. When combined with field sobriety test results and a driver’s statements, a failed chemical test is likely to result in criminal charges.
Understanding how police officers gather evidence for drunk driving cases can help people prepare for a potential encounter with law enforcement. Those accused of breaking the law may need help responding to charges to avoid a criminal conviction.