Rizio and Nelson California Law Blog

When police officers suspect a driver of operating a vehicle under the influence of alcohol, they conduct a sobriety test and  carefully observe the physical aspect of the driver.  In order for them to make an arrest, they must have probable cause.  Probable cause is determined by the results of their observations, which are also used by the prosecuting attorney.

It is a scientifically proven fact that ethanol, the type of alcohol in alcoholic beverages, is a central nervous system depressant.  When consumed, we all exhibit specific signs of intoxication.  Police officers are trained to use their senses of sight, smell, and hearing in order to determine if the driver is under the influence and so prove probable cause.

Physical signs of intoxication may include any or a combination of any of the following:

• Eyes may be watery, red, bloodshot, glassy, or runny, and the eyelids may be droopy.  Alcohol will also cause the pupils to react slowly to light.
• Speech may be slurred, incoherent, lethargic, robotic, rambling, or mumbled.  The suspect may stutter or speak in very low tones.  He or she may be very talkative or may even admit to having been drinking.  While asking questions, the officer may note the use of abusive language, unusual statements, or inconsistent responses.
• Breath of the suspect is stale or has the odor of an alcohoic beverage.  The odor of a “cover-up” such as mints, gum, or mouthwash, for instance, may also be detected by the officer.
• The face of the suspect is usually pale, pallid, slack, or flushed.
• Pulse rates of people under the influence are generally high.
• The attitude of the suspect varies greatly, and could include being excited, polite, sullen, talkative, carefree, drowsy, profane, morose, cooperative, combative, discourteous, inattentive, sarcastic, flirtatious, or any combination of these.
• The balance and coordination of the suspect is compromised, impairing his or her ability to stand, and causing him or her to fall, sway, wobble, or lean against a stationary object for support.
• Walking is difficult for the suspect and causes him or her to stagger, stumble, or stomp.

Immediately contact a criminal defense attorney if you or a loved one was arrested for DUI.