Odor of Alcohol Doesn’t prove impairment

The reality is that the odor of alcohol doesn’t indicate when alcohol was consumed, what alcohol was consumed, or how much alcohol was consumed. The odor of alcohol doesn’t mean a person is under the influence. Studies have shown that police officers’ perceptions of how strongly a person’s breath smells of alcohol simply doesn’t correlate with his/her actual blood alcohol level. All that can be gleaned from the “odor of alcohol on the breath” is that a person probably consumed some alcohol recently. But it does not provide evidence that the person drank enough to be “under the influence” or to have a BAC .08% or higher.

Bloodshot and Watery Eyes Doesn’t prove impairment 

Most officers will document in their report that they observed the driver had red and watery eyes because they are trying to make you seem impaired in the report.  There are many reasonable explanations for a person to have red and watery eyes.  Fatigue and lack of sleep is the most common because most DUI arrests occur late at night or early morning when the person has been up for an extended period of time and may have worked all day.  Eye strain can cause red eyes due to reading or looking at a computer screen for an extended period of time.  Allergies and pollution can cause red and watery eyes.  There are many reasons that a person will have red and watery eyes that are not alcohol related.     

Slurred Speech

Most officers will document in their report that they observed slurred speech because they are trying to make you seem impaired in the report.  It is important in any DUI case that you obtain the In-Car Camera or Body Camera from the DUI stop.  In a majority of cases, the ICC or body cam will record a completely normal speech pattern with no slurring.  This single piece of evidence can go a long way to undermine a police officer’s credibility when it comes to a DUI investigation because it shows their bias against the driver and their willingness to write things in their report that are not true.    

Unsteady Gait

Most officers will document in their report that they observed the driver exhibit an “unsteady gait” because they are trying to make you seem impaired in the report.  It is important in any DUI case that you obtain the In-Car Camera or Body Camera from the DUI stop.  In a majority of cases, the ICC or body cam will record a completely normal walking pattern.  This single piece of evidence can go a long way to undermine a police officer’s credibility when it comes to a DUI investigation because it shows their bias against the driver and their willingness to write things in their report that are not true.    

No Sign Of Mental Impairment

Being “under the influence” consists of two types of impairment: mental and physical. Most police will admit that upon being pulled over, the DUI suspect was coherent, alert and responded appropriately to the officer’s questions. Therefore, no sign of “mental impairment” existed. All DUI toxicologists will testify that “mental impairment” always precedes “physical impairment.” So, if a person is not “mentally impaired” then they could not have been physical impaired.  If they are not impaired either physically or mentally, then they are not guilty of a DUI.   

Speeding Is Not Correlated With DUI

In many DUI cases, the officer pulled the client over for speeding. And the officer alleges the client to be under the influence based (at least in part) on the fact the client was speeding. But national studies demonstrate no correlation between speeding and intoxication. A speeding driver is no more likely to be drunk than sober. To be sure, speeding is often unsafe and a violation of the law in its own right; but it is not evidence the driver is under the influence of alcohol.