Swain Law Group
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What visual clues does the police look for to make a DUI arrest?

As you may know, tests confirming the level of alcohol in your body are the most important pieces of evidence that could lead to a conviction on DUI charges. In Oklahoma, if testing proves that your blood alcohol concentration (BAC) measures 0.08 or higher, DUI charges can stick to you like glue. However, the police must often rely on other elements to make the initial arrest.

In addition to BAC evidence, police officers use visual clues to judge whether a person is driving under the influence of alcohol. It takes training combined with experience to make an accurate judgment about a person's intoxication level. Following is a brief listing of the visual evidence that officers look for to arrest someone on DUI charges.

  • Weaving and other types of erratic driving
  • Driver's performance on field sobriety tests
  • Erratic or unusual behavior during the traffic stop
  • Driver has a flushed face and glassy or bloodshot eyes
  • Driver's hair and clothing is in a state of disarray

In addition to the visual clues above, police officers often base a DUI arrest on other sensory factors such as slurred speech, poor conduct and the smell of alcohol on the driver's breath. It is important to understand that this sensory evidence is not enough to convict a driver in many cases.

Prosecutors need physical evidence to convict someone on DUI charges. This is why it is so important for DUI defendants to protect themselves after an arrest. In many cases, a criminal defense attorney can help these defendants challenge the charges when the evidence is not sufficient to support the arrest. Without the right protection, drivers could end up behind bars even though the evidence is minimal.

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