What Evidence Do Police Look For In A Drunk Driving Accident?

Police investigate a drunk driving accident like any other accident because if the case turns out to be a DUI case, they want to be able to eliminate other possible causes. Obviously, they are looking for the location of the car, what the witnesses saw, and what the witnesses heard. Many times, the participants have spoken to each before the police even arrive. The police will ask people what everyone else has told them and whether or not anyone made any objections. No one should ever speak to other parties involved in the crash, even if you are not DUI. The best thing you can do is to keep your mouth shut. If you don't say anything, you can't be misquoted. 

Police are looking for all kinds of things, like skid marks, witnesses, and whether or not someone hit the brakes before the impact occurred. In this day and age of personal information devices, it is often difficult to judge whether an accident occurred due to impairment from alcohol or drugs, or because someone was distracted by his smartphone.

Is The Suspected Drunk Driver Immediately Arrested At The Scene Of An Accident or Are Sobriety Tests Performed First?

You are under no obligation to perform roadside sobriety tests. They are designed for failure to the extent that scientifically, they do not work. In controlled circumstances, when the National Highway Traffic Safety Administration tested the accuracy of their best people, what they found was three quarters of people whose breath alcohol level was below 0.08 were found by the test to be over 0.08. The tests are grossly biased in favor of arrest. For that reason, it is ridiculous to take the field sobriety tests. Sometimes, the police will claim that having a Florida driver's license is consent to field sobriety tests and they are required by law. Field sobriety tests are not required by law. Everyone should decline to take those tests. It is almost impossible to pass them. 

Can A Driver Suspected Of Being Drunk Refuse To Take A Breathalyzer Test?

A person can't be forced to take a breath test. There is an inherent margin of error with these machines and I don't blame someone who doesn't want to trust their future to a Breathalyzer test. There are other ways to prove DUI besides a person's breath alcohol level, including lay observations of whether or not they were speaking clearly, swaying while standing, or made sense when they talked.

For more information on Evidence In A DUI Related Accident, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (941) 219-5553 today.

Board Certification in DUI Defense

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Tom Hudson passed the National Board Certification Examination (written and oral) in Honolulu in 2008, and was recertified in 2013. He was one of the first 50 lawyers granted national board certification in DUI Defense, and is nationally recognized as an authority in DUI law.

Why We're Different

Board Certification as a DUI Specialist by the National College for DUI Defense. Formal NHTSA Certification as an Instructor of the Standardized Field Sobriety Tests given by police in DUI cases. Formal training as a NHTSA Drug Recognition Evaluator. ("Drug Evaluation & Classification") Formal training to operate the Intoxilyzer 8000, Florida's official breath test instrument. Extensive experience in teaching other attorneys how to handle DUI cases. Hundreds of jury trials both as defense lawyer and as prosecutor. Florida's State Delegate to the National College for DUI Defense.