Reader’s Question:

I have heard a lot of cases about DUI here in Palm Beach, Florida especially regarding DUI arrests. What are these so-called symptoms of intoxication that can be caused by things other than alcohol?

Nash

Palm Beach, FL

Police officers in a DUI arrest often claim to have observed certain “objective symptoms of intoxication” on the person suspected for DUI. The standard list of the symptoms of intoxication includes slurred speech, bloodshot or watery eyes, an unsteady gait and a flushed face. Police reports on DUI cases have pre-printed boxes for these symptoms that officers merely check off. But in most DUI cases in Palm Beach Florida, officers fail to take photograph, videotape or audiotape the person suspected for DUI so that the jury could later judge for themselves if these symptoms were present and to what extent.

But in any event, there are certain things that could explain these observations and they are non-alcohol causes. One great example of this is that allergies, eye strain and fatigue often cause bloodshot eyes; embarrassment, anger and nervousness over the DUI stop could also cause flushing; fluster and intimidation could cause slurred speech. Police officers rarely take these innocent explanations into consideration but it can be emphasized that the evidence is just as consistent with non-alcohol explanations as it is with intoxication.

Tags: DUI, DUI arrest, DUI lawyer