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Types of OUI Evidence Part 1






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Dec 13, 2011

Types of OUI Evidence Part 1

Evidence is the key to your operating under the influence (more commonly known as OUI) case because without it the entire case will be fall apart. There are many different types of OUI evidence, some of which carry more weight than others. Every case is different, and what is most important in your case may be very different than what is most important in another case, even another offense by the same individual. Here are just a few examples, in no particular order, but you should be sure to talk to your professional OUI attorney to learn more in-depth information about evidence in your particular case:

Laboratory Evidence

Lab evidence, such as blood, urine, or breath testing, can be among the most important types of evidence in an OUI case since it carries the most weight to the jury. Without laboratory evidence working for you or against you, the case may fall apart. The forms of lab evidence are crucial, but there are many factors that can skew the results in your favor and in some cases in the prosecution’s favor.

There are specific rules that govern how laboratory evidence is gathered, calculated, interpreted, transported and stored. If these are not adhered to, the evidence may be thrown out of the case and suppressed prior to the trial phase. Talk to your attorney for more information about laboratory evidence and how it can be used in your case.

Field Sobriety Tests

Standardized and non-standardized testing also plays a big role during an OUI case. Oddly enough, although most of us know the different forms of standardized and non-standardized methods, such as the walk-and-turn or counting methods, they are backed by questionable science and therefore prone to abuse. For example, the officer may state that the defendant did or did not pass the test; using this as a means of proving that he or she was operating under the influence of drugs or alcohol at the time. However, while many officers are trained on how to properly administer the sobriety tests, few of them adhere to the principles they were taught. This is another area for exploration of cross-examination.

Several medical conditions can explain the inability to complete field sobriety tests; from inner ear issues to physical disabilities, and these are often cited when this becomes an issue. Certain medications can affect your balance or vision as well and can be a logical explanation for problems in this area. In some cases, this information is what makes the case for or against the defendant, and there is a lot of weight put on one of the least scientific forms of OUI evidence.



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