Richard J. Emhof DUI/DWI Law Blog on Lawyers.com

"That's Not How It Happened" - Part III - Indicia of Intoxication

Wednesday, December 2, 2009 by Richard J. Emhof

As I’ve stated before, many of my clients in DUI cases recount the events leading up to and during their arrest quite differently from the police. Today, we’ll focus on the officer’s alleged observations indicating that the driver has imbibed – the so-called “indicia of intoxication.”

Police officers know the “magic words” they need to say to establish probable cause for the DUI arrest. And in close to 100% of the cases, the officer will include these words in the Affidavit of Probable Cause. There are three things that, according to the cop, nearly every DUI defendant exhibits:

  • Bloodshot/Watery/Glassy eyes,
  • Odor of alcohol on the breath, and
  • Slurred Speech.

It is not surprising that one or more of these traits would be present in most DUI cases. But in fact, these traits are alleged in almost every case. Whether the blood result comes back at 0.08% or 0.35%, these three traits are always alleged. They are also conveniently impossible to disprove, and the police know this.

Pennsylvania DUI lawyer Richard Emhof has the experience and knowledge to defend your rights in court and achieve the best possible result in each Pennsylvania DUI case. Contact us online or call toll free 1-866-457-9957 for a free initial consult.

Posted at 14:42 PM
Topic: DUI/DWI
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