The below list contains those things police officers most commonly look for when performing an initial traffic stop and DUI investigation.
1. Flushed face
Defense points: Does officer know what your normal complexion looks like? There are other reasons for a flushed complexion unrelated to DUI or criminal activity.
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2. Red, watery, glassy and/or bloodshot eyes
Defense points: There are other reasons for a flushed complexion unrelated to DUI or criminal activity. Client was up late and thus tired? Allergies?
3. Odor of alcohol on breath
Defense points: Alcohol (Ethanol) is odorless. What specific beverage (beer, wine, whiskey) was detected? Doesn’t nonalcoholic beer smell just like regular beer?
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4. Slurred speech
Defense points: Does officer know client’s normal speech pattern? Another reason for supposed slurred speech: Was client in accident? Did client sustain injury about head or face?
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5. Fumbling with wallet trying to get license
Defense points: Fumbling is nature result of being nervous. Who among us is not anxious when a police officer pulls us over even for speeding or minor traffic violation.
6. Combative, argumentative, jovial or other “inappropriate” attitude
Defense points: If you are somber police will say you are in a daze. If you are talkative, police will say you are excitable. Keep conversation to a minimum. Tell police you have always been told to not answer questions for your own protection.
7. Failure to comprehend the officer’s questions
Defense points: Is client an inexperienced driver? Could failure to comprehend be result of ongoing anxiety about traffic stop? Choosing not answer, or a reluctance to answer increasingly probing question, is a conscience protection of rights and not a sign of intoxication.
8. Leaning on car for support
Defense points: Was stop done late at night with oncoming traffic’s headlights as well as police cruiser emergency light in client’s eyes as client exited vehicle. Placement of hand and/or leaning on vehicle for support provides client awareness and sense of support in disorienting environment.
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