What Types of Evidence can be Used Against you in a DUI trial?


In order to convict you of driving under the influence (DUI) of alcohol in Colorado, the law requires that a prosecutor must prove the following elements beyond a reasonable doubt:

  • That you were operating some type of motor vehicle;
  • That you had consumed alcohol; and
  • That the alcohol consumption made you substantially less able to operate the motor vehicle than a reasonable person would be.

In order to prove these elements, a prosecutor will offer different types of evidence at trial. Evidence is governed by strict rules and, therefore, a prosecutor may not simply offer anything as proof of your guilt. The following are some examples of evidence that may be commonly used against you in a DUI trial.

Testimonial evidence

Testimonial evidence is presented by placing a witness on the stand and having them answer questions related to the alleged DUI. A witness must be qualified, which means they must have some first-hand or expert knowledge about the situation. The common witness in a DUI trial is the arresting officer. An officer will usually testify regarding the reasons he pulled you over, the signs of intoxication he observed upon approaching the vehicle, your performance on field sobriety tests, and more. Additionally, if you are accused of causing a DUI accident, the prosecutor can also bring others involved in the accident into court to testify regarding their version of events, signs of erratic, driving, and more.

Officers often make numerous DUI stops per month and, therefore, may not always remember your particular case accurately. Similarly, accident victims may have been in shock and may misremember the events that occurred. An experienced attorney will know how to cross-examine witnesses to challenge the accuracy of their testimony at trial.

Evidence of chemical tests

Police officers often request that you submit to a breath or blood test intended to measure your blood alcohol content (BAC). If you underwent this type of chemical testing, the prosecutor may use the results as evidence that your BAC was above the legal limit of 0.08 percent for a DUI. Even if your BAC was below that limit, the prosecutor may use evidence to show that your BAC was over 0.04 percent along with other corroborating evidence (such as police officer testimony) to try to convict you of driving while ability impaired (DWAI).

Fortunately, there are many instances in which chemical test results are not accurate and an experienced DUI defense attorney will know how to thoroughly investigate your case to identify any possible flaws in the testing process. A defense attorney can present evidence of errors on the part of the officer, forensic lab, or other party that may call the test results into question.

Contact a DUI defense attorney in Denver as soon as possible

If you have been arrested on suspicion of DUI or DWAI, you always want the assistance of a well-respected and skilled Denver DUI defense lawyer. Please do not hesitate to call experienced attorney Jay Tiftickjian at the Tiftickjian Law Firm at (303) DUI-5280 today.

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