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Admission of Evidence of DUI in Delaware

The admission of evidence in a driving under the influence case must follow specific procedures and guidelines. Typically, Delaware requires all evidence to be signed by the proper authority to admit evidence. Furthermore, Delaware institutes specific procedures to ensure that the evidence is accurate and correct. Evidence signifying an individual alcohol concentration, connection between elements of driving under the influence, and physical evidence is admissible in Delaware. However, improper collection or identification will lead to inadmissible evidence. Thus, the procedure for collecting, identifying, and testing must be completed for any evidence to be admitted in a driving under the influence case.

The State of Delaware states that evidence collected to establish the presence or concentration of alcohol or drugs. Specifically, admissible evidence includes a person’s blood, breath, or urine. However, a person’s blood, breath, or urine must be collected properly as well as contain accurate results. Specifically, blood must be tested under procedures approved by the Forensic Sciences Laboratory, Office of the Chief Medical Examiner, or the Delaware State Police Crime Laboratory. The procedures used my be legally reliable as well as delivered by the officers or persons in the report. Further, the blood must contain the alcohol stated to exist in the blood and the report must be certified. Typically, the procedures for using blood as evidence in a driving under the influence case must be followed for blood to be admissible as evidence.

The use of breath and urine to identify a person’s alcohol concentration is also admissible. However, the procedures for using breath are less intrusive then for blood and urine. The absence of certification that the testing equipment used has been checked for accuracy. Also, the individual collecting the evidence must be certified and qualified to collect the evidence. The initial collection of evidence must follow specific guidelines to become admissible. Additionally, the physical chain of custody must be traceable as well as documented.

Evidence collected by officials during preliminary screening of a person’s breath to estimate alcohol concentration is admissible in any proceeding to determine probable cause. Thus, evidence admitted to the court must follow specific guidelines for introducing the evidence in court. The evidence introduced to the court must be signed as well as follow specific guidelines similar to those for the initial collection. Thus, the lack of following any procedures or guidelines may lead to inadmissible evidence. The lack of authentication of evidence creates inadmissible evidence.

Therefore, evidence admissible for driving under the influence offense includes any evidence relating to the alcohol or drug concentration in an individual’s blood, urine, or breath. Also, evidence collected through proper procedures and guidelines will be admitted in court. Any evidence collected improperly or without adherence to proper guidelines will usually be inadmissible.


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