It is most universally accepted that the indicators of intoxication are fatally flawed because sober individuals can be characterized as drunk drivers. According to legislative findings, there are approximately 60 pathological conditions that exhibit symptoms of alcohol consumption, despite the lack of alcohol being present. Alcohol symptoms may be the product of illness or medication, insulin overdose or deficiency, nervous system injuries, concussions, or hypoglycemia. Nevertheless, officers are adamant that their observations conclusively prove intoxication.
The following is a list of the most frequently cited activities that indicate intoxicated behavior:
- Odor of alcohol
- Fumbling with wallet
- Bloodshot, watery, or glassy eyes
- Slurred or thick speech
- Flushed complexion
- Staggering or stumbling
- Clothing in disarray or poor grooming
- Rambling or despondent
To rebut this evidence, it is important to give a reasonable explanation for the “intoxicated” behavior. Since each indicator of intoxication can be refuted with legitimate sober behavior, the defendant can create reasonable doubt to gain an acquittal.
If You Need Help Challenging a DUI Charge in the Bay Area, contact Bay Area DUI Lawyers at Dudek & Cintean, LLP
The penalties for a DUI can be severe. Dudek & Cintean, LLP can help you fight a DUI charge. We have extensive experience handling criminal defense cases, and we have helped many clients get DUI charges dropped or reduced based on faulty tests, improper procedures, unlawfully acquired evidence, and many other reasons. For a confidential consultation, call Dudek & Cintean, LLP at our San Francisco office at (415) 946-4020 or our Contra Costa office at (925) 335-6444.