Being drunk and acting drunk can be two different things. As New Jersey trial lawyers and specialists in defending motorists accused of driving while intoxicated, I and my staff of experienced attorneys understand the law and how it may apply to individuals who have been charged with DWI or drug DUI. One thing that is quite often used against individuals who are charged with a DWI-DUI offense is the observations of the arresting police officer regarding the suspect’s physical appearance or actions. Again, this entails a judgment based on whether or not a driver looks or acts inebriated.
The fact is, there can often times by an innocent explanation for the oft-cited symptoms of intoxication, and these can sometimes be pointed to as counter arguments against the prosecution’s evidence pertaining to the arresting officer’s claim that he observed certain “objective” symptoms of intoxication in the drunk driving suspect.
What police officers quite often list as telltale signs of drunkenness can include bloodshot and/or watery eyes, a certain degree of slurred speech, a flushed appearance to the motorist’s face, and even a so-called unsteady gait when walking outside of his or her car. But it should be remembered that there are, in fact, non-alcohol-related causes for many of these so-called objective observations.