In any criminal case, evidence plays a major role in whether a person could potentially face a conviction for charges. As a result, the evidence can also help you determine your best routes for creating a criminal defense against charges that brought against you. Even if you feel the allegations pertain to a relatively minor offense, like misdemeanor DWI, you should still take your situation seriously.

Any conviction for DWI can have major impacts on your future, whether in your personal life or in relation to your career. Therefore, it may help you to understand the different types of evidence that an officer may submit as reason for charging you with driving while intoxicated.

Driver evidence

When it comes to gathering evidence, an officer can consider a number of factors, including the way you look and handle yourself during the traffic stop. This type of evidence is commonly known as driver evidence and may include the following aspects:

  • Slurred speech
  • Unshaven face
  • Unkempt hair
  • Bloodshot or glassy-looking eyes
  • Disheveled clothing
  • Odor of alcohol on your breath

You may think that at least some of these factors would not immediately indicate that you drank alcohol and drove, and true, some of these aspects are subjective. As a result, you could challenge certain driver evidence in court.

Field evidence

Another area of evidence that an officer may present includes his or her observations before and during the traffic stop. Field evidence may include the following information:

  • Information pertaining to your behavior and appearance
  • Information relating to unusual or unsafe driving
  • Statements made by you during the traffic stop
  • The results of field sobriety tests
  • Photographs, recordings or other information taken at the scene of the arrest

Again, you could find reason to challenge any of this information in court as part of your defense.


Another type of evidence commonly collected at DWI traffic stops is blood-alcohol concentration level. However, the breath test machines typically used to obtain these results are notoriously faulty. As a result, courts often deem breath test results as inadmissible. You may want to remember that other testing methods, like blood tests, can provide more accurate BAC level results.

The type of information you choose to challenge and the other tactics used to defend against DWI allegations will depend on your specific circumstances. In order to find out more information on your defense options, you may wish to utilize local El Paso legal resources for reliable assistance.