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Challenging Police Officer Assertion That Your Physical Appearance Revealed That You Were Driving Under the Influence of Alcohol (DUI)

If you stand accused of DUI and our lawyers decide your case is right for us, one very powerful tactic our attorneys use is to challenge the prosecutor’s arguments that your physical appearance itself revealed that you were intoxicated.

For example, the arresting officer in your case may testify that you were under the influence because you had a flushed face, your speech was slurred, your eyes were red and watery, you give off a strong odor of an alcoholic beverage, and you stumbled when you walked.

It’s no coincidence that these supposedly objective signs of intoxication are all inventoried in a boilerplate DUI arrest form that police use when they arrest people for DUI. This form removes any “layers of friction” between the officer’s observations of your appearance and their ultimate determination that you were intoxicated.

Why? Because all the cop has to do is check the boxes for each symptom, without providing further explanation. And if they do provide more explanation, it’s usually to repeat the language next to the boxes they checked.

Rely on Trial-Tested Criminal Defense Representation

Fortunately, the award-winning, dismissal-oriented DUI defense attorneys at Second Chances Law Group can argue that there are perfectly “innocent” explanations for your supposed symptoms of intoxication that relate to non-alcohol sources rather than any reason having to do with DUI. For example, if your eyes were red and water, you could’ve been suffering from a cold or allergy, fatigue, exhaustion, sleeplessness, or an irritation of your eyes, such as conjunctivitis.

At your DMV hearing and/or any hearing where we have the opportunity to cross-examine the police officer in your case, our DUI lawyers can get the cop to testify that alcohol doesn’t have an odor. What people think smells like alcohol on your breath can actually be various ingredients or components that are also found in nonalcoholic beverages and foods.

Our competitors lose so many of their cases because they lack the imagination and the creativity it takes to challenge things most people simply take for granted. Our lawyers take the opposite approach, enlisting every facet of their vast experience and encyclopedic knowledge of the law to put up the fight that will get your case thrown out or successfully resolved.

Driving drunk happens. Jail doesn’t have to.

Contact Second Chances Law Group at (626) 827-7222 to schedule a free consultation. Our founding lawyer has successfully defended the constitutional rights and freedoms of thousands of clients facing criminal charges in California.