You’re out with friends, having a few drinks. You think you’re okay to drive, so you get behind the wheel to head home. Before you know it, you’re being arrested for DUI. What evidence do the police actually need for a DUI conviction in Asheville?
In this article, we’re taking a look at what kind of evidence the State of North Carolina needs for a DUI conviction and why it’s a good idea to reach out to an Asheville DUI lawyer if you want to avoid jail time and save your license
Field Sobriety Tests Used for DUI Conviction in Asheville
The most common field sobriety tests officers use here are the horizontal gaze nystagmus (HGN), the walk-and-turn, and the one-leg stand. For the HGN, the officer checks for involuntary jerking of your eyes.
The walk-and-turn test requires you to take nine heel-to-toe steps along a straight line, turn, and take nine heel-to-toe steps back – all while keeping your arms at your sides. Losing your balance or stepping off the line could show impairment.
For the one-leg stand, you have to stand on one leg, raising the other foot about six inches off the ground. You must keep your arms at your sides and hold that position while counting aloud. Hopping, swaying, or putting your foot down before 30 seconds are up may indicate you’re under the influence.
Breathalyzer and Blood Alcohol Tests
If the officer suspects you’ve been drinking, they’ll likely have you take a breathalyzer test. This estimates your blood alcohol concentration (BAC) by measuring the amount of alcohol in the air you exhale. In North Carolina, a BAC of 0.08% or higher is considered legally impaired for driving.
Should you refuse the breathalyzer, the officer may get a warrant to draw your blood for testing. A blood test can determine your BAC even hours after you were pulled over. Refusing a breathalyzer or blood test will result in an automatic 1-year license suspension.
Urine samples may also be tested for drugs. If other intoxicating substances are detected, you can face additional charges.
Dash Cam and Body Cam Video Evidence
Dash cam and body cam footage provide compelling evidence for a DUI conviction in Asheville. As an officer approaches your vehicle after pulling you over, their body cam is recording audio and video of your interaction. Once you step out of the vehicle, the dash cam in the police cruiser also starts recording.
It will show things like you stumbling or needing support to walk steadily. Field sobriety tests, such as walking a straight line and standing on one leg, will demonstrate clear signs of impairment for the dash cam. All of this video evidence makes it extremely difficult to challenge a DUI charge in court.
Witness Statements and Observations
Eyewitness accounts of your behavior and driving at the time of your arrest can be crucial evidence for prosecutors in an Asheville DUI case. Any passengers in your vehicle, as well as bystanders who observed you driving, may be called upon to testify about what they saw.
Their statements regarding things like the smell of alcohol, slurred speech, reckless driving, or an accident can all be used to support the charges against you. Of course, witness testimony is not always completely reliable or accurate.
Get in Touch With an Asheville DUI Defense Attorney Right Away
Were you pulled over by the police on suspicion of drunk driving in Asheville? Don’t panic. Call Asheville DUI Guy right away. We have years of experience defending people just like you and helping them avoid a DUI conviction in Asheville.
Our knowledgeable DUI attorneys will review the details of your arrest to determine the strength of the evidence against you. Call us today at 828-759-5556 for a free consultation. We are here to help 24 hours a day, 7 days a week.
