DUI Arrest – Physical Signs of Intoxication
Wednesday by: DoreenOfficers will closely observe the physical appearance of any purported intoxicated driver. This allows them to determine symptoms of intoxication accurately in order to form a basis for arrest (probable cause). The symptoms will be included in the defendant’s arrest report for use by the prosecuting attorney in the driver’s DUI charge.
The type of alcohol that is considered safe for consumption by humans is called ethanol. Ethanol is classified as a central nervous system depressant. It is scientifically proven that human beings who have consumed ethanol-containing products will exhibit specific physical signs of intoxication. The police officer will utilize his or her sense of sight, smell, and hearing in order to detect these signs.
Physical Signs of Intoxication:
- Eyes: Eyes may be bloodshot, watery, red, glassy, or runny, and eyelids may appear droopy. Although alcohol does not affect pupil size specifically, alcohol will cause the pupils to react more sluggishly to light.
- Speech: Speech may be slurred, slow, robotic, incoherent, stuttered, lethargic, mumbled, rambling, or low in volume, but the officer should ascertain the defendant’s normal tone of voice if the change seems only slight from a normal tone or volume.
- Choice of Words: The suspected drunk driver may admit to having been drinking, use abusive language, inconsistently respond to the officer’s questions, or make unusual statements. The suspected drunk driver may also be very talkative, with often irrational or unrelated statements being repeated.
- Breath: Breath is often described as having the odor of a specific alcoholic beverage (most notably beer or liquor) or may be described as stale. The officer may also note the odor of an attempted cover-up, such as mints, mouthwash, gum, coffee, etc.
- Face: The face will be described as pale, pallid, flushed, or slack. Sometimes, a driver’s license may be used to reasonably determine the suspected drunk driver’s normal skin tone.
- Pulse: Most people have elevated pulses when they have consumed alcohol products.
- Attitude: The suspected drunk driver’s attitude may be described as excited, polite, sullen, talkative, carefree, drowsy, profane, morose, cooperative, combative, discourteous, inattentive, sarcastic, flirtatious, or any combination of these. However, this method of identifying intoxication is not as reliable as others.
- Balance and Coordination: These factors may be described as falling, swaying, wobbling, leaning against stationary object for support, or impaired. Inner ear factors may be used as a defense for this physical sign, as may similar factors. Similarly, the way the suspected drunk driver walks may be classified as staggering, falling, stumbling, swaying, or stomping.
If you or a loved one was arrested for DUI, contact our experienced defense attorneys at Rizio and Nelson immediately.
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