Regardless of the nature of an initial roadside police stop — be it a burned-out headlamp, sliding through a controlled intersection without completely stopping, or drifting in and out of one’s lane — the opportunity for a drunk driving or drug DUI summons can go up appreciably depending on how the driver appears to the police officer in charge. Bloodshot eyes or an unsteady gait may cause a patrolman to suspect some kind of intoxication, though neither condition is a surefire sign of being drunk or impaired.
Despite what some people may believe, being charged for DWI-DUI based solely on watery eyes or some other vague observation is usually not sufficient to result in a conviction for driving while intoxicated; other evidence is needed beyond a more or less subjective assessment. Experienced DWI defense lawyers, such as the legal team at our law firm, can offer up a number of plausible explanations for a variety of conditions, from allergies and migraine headaches to very cold temperatures or high winds at the time of the arrest.
Since an arrest for DWI or drug DUI needs supporting evidence, as required by law, the prosecution will often attempt to prove that the defendant exhibited a “substantial deterioration or diminution” of his or her mental faculties/physical capabilities due to alcohol or hallucinogenic, narcotic or habit-producing drugs.