Attacking the Evidence in a Criminal Case

 Posted on January 23, 2015 in Criminal Law

Police officers are trained to look for several "signs" of intoxication when they first come into personal contact with a DUI suspect. Often, and especially if a defendant refused to submit to a chemical test, a prosecutor may rely on these "signs" to help prove that a driver was intoxicated. However, an experienced DUI defense attorney can refute some or all of these signs, giving a DUI suspect a much better chance to either beat a case or negotiate a more favorable plea agreement.

Traffic Violation

Speeding, running a stop sign or stop light, and making an unsafe lane change are some of the more common traffic violations that may lead to a stop. But there are plenty of factors, other than alcohol, that cause people to speed and run stop signs. Many times, an officer has actually profiled a defendant based on time of day and location. In other situations, the officers may have been working a special DUI patrol, so they had a direct incentive to locate DUI suspects.

Bloodshot Eyes

Officers may testify that a defendant had bloodshot eyes, as alcohol does cause this problem. But, so do several other common issues, including:

• Dryness,
• Contact lenses,
• Allergies,
• Eye injury, and
• Computer Vision Syndrome.

Other less common causes include a corneal ulcer, ocular herpes, cold and flu, uveitis, pregnancy, smoking, fatigue and swimming. An officer almost always asks a suspect "Have you been drinking?" But, he hardly ever asks "Do you have ocular herpes?"

Odor of Alcohol

Once it is consumed, alcohol has a very distinctive smell. But the aroma alone does not prove that a driver is intoxicated. At best, it only establishes that a person had been drinking recently.

It may seem very subtle, but there is a tremendous difference between an odor of alcohol coming from a driver, and a smell that emanates from a vehicle, especially when there is more than one person in a car. In the latter instance, the smell only proves that someone in the car had been drinking.

Poor Coordination

An officer may testify that a driver fumbled for a drivers’ license or other requested document. But when an officer glares into a car window and says "license and registration please," most people get nervous. It does not mean they are intoxicated. It just means they are human.

Contact a DUI Defense Attorney

If you were recently charged with a DUI, contact  Scott F. Anderson, an aggressive DuPage County DUI defense attorney, who can pick apart the state’s case. As a former first chair felony prosecutor, Mr. Anderson will fight for your rights and defend your case. Call today to schedule your free initial consultation.