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What evidence can be suppressed in a DUI case?

On Behalf of | May 12, 2023 | DUI Defense

When evidence is suppressed, the prosecution mayl not use it during a trial. This can happen when a judge grants a motion to suppress filed by the defense team.

Evidence can be suppressed for various reasons, from violations of your constitutional rights to mistakes by law enforcement. Either way, it can significantly impact your DUI charges by weakening the prosecution’s case and making it difficult to prove your guilt beyond a reasonable doubt.

Below are the different types of evidence that can be suppressed in a DUI case.

Field sobriety and breathalyzer tests

Field sobriety and breath tests are commonly used by law enforcement to gather evidence of drunk driving. However, these tests are not foolproof and can be influenced by various factors, such as weather conditions, physical limitations, health issues, nervousness, a defective breathalyzer device or an unqualified officer conducting the tests.

The results of these tests may be suppressed if they are unreliable, were administered improperly, or if your DUI traffic stop was unlawful.

Blood Tests

While blood tests are more accurate for measuring BAC levels, they can also be subject to suppression. For instance, police mistakes in handling a blood sample leading to contamination or degradation can make such evidence inadmissible in court. Similarly, the resulting evidence may be suppressed if the blood test were taken involuntarily.

Your confession

If the police obtained your DUI confession through coercion or failed to inform you of your legal rights before questioning while you were under arrest and you made self-incriminatory statements, such evidence may not make it to court.

Are you facing DUI charges?

If you have been arrested for drunk driving, seeking urgent legal representation is in your best interest. A qualified assessment of the prevailing facts and circumstances of your DUI case will help inform a viable defense strategy, including the possibility of suppressing crucial evidence against you.



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