What evidence is typically used to prove a DWI charge?
In Nebraska, the evidence used to prove a Driving While Intoxicated (DWI) charge typically includes the results of a sobriety test given by law enforcement, such as field sobriety tests, breath tests, and blood tests. Field sobriety tests measure coordination, balance, and physical responses to determine intoxication. Breath testing is used to measure the amount of alcohol in the person’s breath. These tests can be conducted at the scene of the incident or at a police station. Blood tests measure the amount of alcohol and/or drugs in the body and are usually conducted at a hospital or medical facility. Law enforcement officers may also use other evidence to prove a DWI charge which includes the behavior of the driver during the incident, witnesses who can testify about the driver’s behavior and statements, and security camera footage that may have captured the incident. For a driver to be held lawfully responsible for a DWI charge in Nebraska, the evidence used to prove the charge must be sufficient and reliable. This means that the evidence must be supported by facts and must lead the court to a logical conclusion. If the evidence presented is not sufficient to prove the charge, it is likely that the charge will be dropped.
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