Chicago DUI Attorney Comments on Sometimes It Isn’t What It Appears to Be

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.