DUI Attorney Information

DUI INFORMATION:
A Defense Attorney's Approach

Police Observations
Upon approaching a stopped car, another phase of the state's case against the driver begins. The officer's reported observations are essential elements of a DUI case. An experienced DUI attorney is prepared for each one of these observations. The defense attorney is merely stating that undo reliance upon these observations does not necessarily or even probably lead to the conclusion the driver was DUI.

The following are some of the observed behaviors or movements that illustrate what the police look for and how unreliable these observations may be:

a. Bloodshot & Watery Eyes

Most DUI arrests are made in the late night or early morning hours. When a LEO observes a driver with bloodshot, watery eyes, he/she will automatically note it as an indicator of DUI.

The fact that most people's eyes are bloodshot in the late night hours does not phase law enforcement officers. Neither does the fact that there are literally dozens of circumstances that could cause bloodshot and watery eyes, all unrelated to alcohol.

Among those reasons one could list:

1. Being tired
2. Crying
3. Having a cold
4. Allergies
5. Smoke irritating your eyes
6. Contact lenses
7. Having spent the day in the sun
8. Getting dirt in your eyes
9. Conjunctivitis

The list goes on and on; the fact is that a LEO will have no idea what caused a person's eyes to be bloodshot and watery or, for that matter, how alcohol could have done it.

b. Flushed Face

As with bloodshot eyes, there are many reasons why a person who has consumed no alcohol might have a flushed face. Some of these reasons may include:

1. Suntan
2. Naturally ruddy complexion
3. High blood pressure
4. Wind burn
5. Shaved too closely
6. Blushing

Yet, when a LEO observes a driver with those incriminating reddish cheeks, the driver is in deep trouble. Ridiculous!

c. Slurred Speech

If LEOs have difficulty understanding a person with a foreign accent, a lisp, a dialect from another part of the country/world or someone who is scared and mumbles his/her words, they consider this as a major indicator of impairment.

Never having heard the driver speak before or after the day/night in question, the officer will often testify that the slurred speech was a definite indication of intoxication. An experienced DUI attorney will be prepared to attack such ludicrous testimony in cross-examination.

d. Stumbling Out of a Car

When a driver loses his/her balance exiting the vehicle, the probabilities are great that shortly thereafter that person will be handcuffed and on their way to jail.

When one considers all of the reasons a driver may stumble getting out of their car, it is irrational and unfair for a LEO to inappropriately rely upon that observation.

1. The driver may catch his/her heel coming out and stumble.
2. The driver may have been behind the wheel a long time and his/her foot could be asleep.
3. The driver may have stepped on a small stone, losing his/her balance.
4. In his/her excitement the driver may have twisted their ankle by not stepping down properly when exiting.
5. The driver may have slipped on a greasy spot on the road or driveway.
6. Some people just have poor balance, a disability or medical condition, causing poor balance.
7. Most of us have twisted our ankle when just walking normally, without the added distraction, embarrassment and fear of having an armed LEO order you out of your vehicle.

An experienced DUI attorney will be ready to respond to this kind of attack.

e. Leaning Against Car

It is natural and comfortable for a person to lean against a car when standing next to one. Everyone does it, even the LEO who will later testify that it was an indication of your lack of sobriety. You can be sure that an experienced DUI defense attorney will be ready to confront the witness.

f. Odor of Alcohol

If an officer swears that he/she smelled the odor of an alcoholic beverage on your breath, it should pose no serious problem.

1. They cannot testify how many drinks you have consumed. It could be one or ten, they could not possibly tell by odor alone.
2. They cannot tell when you had the drinks. You could have had several, many hours ago (which would no longer have any impact on you) and/or you might have had one or several just before you were pulled over. (They would have had no effect upon you while you were operating the vehicle because there was insufficient time to have absorbed the alcohol (ethanol) so that it impacted upon the brain).
3. Please notice that a vodka drink has no significant odor. Also notice that you cannot tell the difference between an alcoholic and non- alcoholic beverage

Conclusion

These observations are without limit. The driver's clothes are messed up; they are too happy, sad, quiet or noisy. None of this should be relevant in the judicial search to determine if the subject is impaired. They are not reliable indicators of alcohol impairment.

		Content provided by Richard J. Essen, Esquire. Our practice is confined primarily to the defense of DUI cases "We protect your rights" info@richardessen.com
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