Are there any limitations on what types of evidence can be used in a DWI case?

In Arkansas, there are several pieces of evidence that can be used to prove a person is guilty of driving while intoxicated (DWI). The most common type of evidence for a DWI case is the results of a breathalyzer test. The results of the test can be used to prove that the driver was impaired at the time of the offense. Additionally, the police officer’s observations can be used as evidence. These observations may include signs of intoxication such as slurred speech, difficulty following instructions, the smell of alcohol, or an admission of drinking alcohol. Other evidence that can be used in a DWI case is videos from traffic or surveillance cameras. Testimony from those who witnessed the traffic stop or accident can also be used. Generally, any evidence that can be seen, heard, or smelled is admissible in a DWI case. However, some types of evidence must be excluded due to the laws that are in place in Arkansas. For example, evidence obtained after an illegal search or seizure cannot be used. Additionally, evidence presented by an expert witness that is not based on sufficient science or limited to appropriately accepted scientific principles must also be excluded. Lastly, evidence obtained in violation of the defendant’s constitutional rights is also excluded in a DWI case.

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Are there any limitations on what types of evidence can be used in a DWI case?

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