This Chicago DUI Attorney has posted here and here about the signs officers use to make a DUI arrest. A strong practitioner can sing these signs the way a 3 year old can sing their ABC’s. Almost every arrest includes the following:
- A strong odor of alcohol
- Eyes that are Bloodshot and/or glassy, and/or red
- Speech that is slurred, mumbled, thick- tongued, confused
And every time I have an officer testifying about these signs, I ask if there are any other reasons a person could possess those signs that has nothing to do with a DUI. Most will be honest, although they may physically pout, and answer “yes”.
So what happens when the arresting officer shows up with those signs? Today I asked an officer I knew what was wrong with her eyes.
Me: You know they (her eyes) are bloodshot and red don’t you?
Officer: Ava, I’m exhausted I haven’t slept in almost 48 hours.
Me: Have you been drinking?
Officer (caught by surprise): Of course not!
All those signs of intoxication should be challenged, because the officer has often experienced those very same signs when they are not under the influence.