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

In West Virginia, there are some limitations on what types of evidence can be used in a DWI case. Generally, the primary types of evidence used in a DWI case are field sobriety tests, breathalyzer tests, and blood tests. Field sobriety tests are used to assess physical coordination, balance, and other physical attributes that may indicate the presence of alcohol. Police officers must administer these tests in a standardized, uniform manner. Breathalyzer tests measure the amount of alcohol on the breath. Generally, breathalyzers are reliable measures of blood alcohol content. However, breathalyzers can be affected by environmental conditions, such as the temperature of the air, which may impact the accuracy of the test. Blood tests are typically the most reliable and accurate form of testing for alcohol. However, these tests can be invasive and may require the consent of the suspect or a court order. The results of a blood test can be challenged in court as they may have been improperly administered or the blood sample may not have been handled properly. Other forms of evidence, such as witness statements or video recordings, may also be used to support a DWI case in West Virginia. However, the primary forms of evidence used in a DWI case are field sobriety tests, breathalyzers, and blood tests.

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