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18. Alleged Symptoms Of Intoxication Can Be Caused By Factors Other Than Alcohol

Absorption Breath Alcohol Testing | DUI Lawyers LA County | Aggressive DWI Defense | DMV Attorneys 

Alleged Symptoms Of Intoxication Can Be Caused By Factors Other Than Alcohol

 

Many police reports state that the DUI suspect has bloodshot watery eyes and an unsteady gait.  The vast majority of DUI arrests occur after 1:30 AM.  Many drivers who are driving at that time of the early morning are tired and would have blood shot watery eyes in the absence of alcohol.  Exhaustion as well as nervousness can cause an unsteady gait.

Many police reports also list slurred speech and flushed face as observed symptoms of intoxication.  DUI stops are very stressful to the suspect.  The stress of being stopped by the police and being asked to perform unfamiliar tests, as well as the prospect of jail can cause the DUI suspect to be extremely nervous, thus resulting in a flustered appearance and slurred speech.

Most law enforcement agencies have boxes on their reports for the officers to check off.  Many times, these boxes are checked off as a matter of course.  The officer never takes other possible explanations for the so called symptoms of intoxication.

 


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