Some signs and symptoms may not mean that you’re drunk at all.
When it comes to driving under the influence, police are trained to look for signs of intoxication when they pull someone over. While these signs or symptoms may be present, they don’t necessarily mean that you are intoxicated or driving under the influence. If you are arrested based on these signs of intoxication, it may be a defense to show that there are other reasons for these physical symptoms.
As DUI lawyers in Irvine, CA, we understand that there may be medical or other reasons why your face is flushed or your eyes are red or watery. We can use these facts to defend you against charges that you are driving under the influence — protecting your rights and your freedom.
What Are Signs of Intoxication?
Police officers receive specific training on what to look for when they stop someone on suspicion of driving under the influence or at a DUI checkpoint. They can see these symptoms either when you are in the car or when you step out of the car to perform field sobriety tests (reminder: you are not required to perform field sobriety tests!).
These symptoms can include the following:
- Red or watery eyes
- Slurred speech
- Flushed face
- Unsteady gait
- Odor of alcohol on your breath
If a police officer notes any of these “signs of intoxication,” it may give him or her a reason to arrest you for DUI.
However, many of these symptoms have perfectly innocent explanations. Just because your eyes are red or your face is flushed doesn’t mean that you are drunk — it could mean that you have allergies or spent too much time in the sun. You could also have a physical injury or illness that causes you to be unsteady on your feet, or a medical condition that makes your breath smell like alcohol — even though you haven’t been drinking. Extreme fatigue can cause your eyes to be watery and otherwise mimic the effects of intoxication.
The way that the police look for signs of intoxication highlights an important point about DUI stops — that you should minimize the opportunities that the police have to find these signs that you are intoxicated. Speak as little as possible, only providing the necessary information, and never volunteer extra information, such as that you “only had two beers.” You have the right to refuse to perform field sobriety tests, and as long as you are 21 or older and not on DUI probation, you can refuse to take a roadside breathalyzer test. Knowing your rights during a DUI stop can reduce the chances of being unjustly arrested for a DUI.
These so-called objective signs of intoxication are not always what they seem, and can be explained to a prosecutor or to a jury by a skilled DUI lawyer. In Irvine, CA, contact the Chambers Law Firm at 714-760-4088 or dchambers@clfca.com to schedule a free consultation with one of our seasoned DUI attorneys. We will fully explore every aspect of your case to present the best possible factual and legal defenses, including the possibility that the signs of intoxication that you exhibited were actually due to another cause entirely.
