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Challenging the Evidence

Posted on:11/25/2012
In most DUI cases, the result of the blood test will be the most important piece of evidence against the defendant. Often the blood test is administered at the police station after the DUI suspect is placed under arrest.


In most DUI cases, the result of the blood test will be the most important piece of evidence against the defendant. Often the blood test is administered at the police station after the DUI suspect is placed under arrest. The blood drawn from the suspect is taken to a crime lab for testing to determine the BAC level.

 

Crime labs can produce spectacular results when they apply the latest scientific technology to evidence gathered in DUI cases. Some of this technology was not available even five or ten years ago. However, none of this technology helps unless the officers follow strict rules when gathering the evidence and submitting it to the lab. The officers must properly document the evidence they seize. Their written reports must note where, when, and under what circumstances they seized it.

 

The officers must then mark the evidence so that they can identify it at a later time. Usually, they scratch their initials or badge number into the item. Or they put the item in a sealed container and mark the outside of the container. The officers must then ensure that no one tampers with the evidence until it gets to the crime lab. The evidence will loose its value if it has been tampered with.

 

In short, DUI cases require special knowledge by the law enforcement officers who gather the evidence. Failure to follow these procedures can eliminate or greatly reduce the value of important evidence.


  
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