Common knowledge holds that the smell of alcohol and red, watery eyes are objective signs of inebriation, and law enforcement agents may attempt to use such evidence against you when prosecuting your DUI case. An experienced Milwaukee DUI attorney with the expertise to argue that such evidence is not proof of wrongdoing can be indispensable in your case.
If a driver is pulled over by an officer and his or her breath carries the odor of alcohol, the officer will assume that the driver is intoxicated and that a DUI investigation is justified. The accuracy of so-called “alcohol odor” as a measure of inebriation, however, is highly suspect in light of a study conducted with 20 experienced police officers. Fourteen individuals with blood alcohol content ranging from 0% to 0.13% were hidden behind a screen and each given a tube through which to blow. The officers’ noses were then placed at the end of the tube. The results demonstrated that the officers’ estimates of the strength of the alcohol odor were completely unrelated to BAC.
Watery, red, or glassy eyes are a fairly common occurrence whether intoxication is a factor or not. Eye irritation is easily caused by seasonal allergies, illness, weather conditions, exhaustion, and mental state. As the eyes of fully sober individuals can be watery, red, or glassy, there is no direct link between such eye conditions and BAC.
Alcohol odor and eye appearance are but two of the types of evidence that could be used against you in your DUI case. The Milwaukee drunk driving lawyers at Vanden Heuvel & Dineen, S.C. are experienced with DUI law and will be able to help you to fight this and other evidence that may be presented against you. To contact them, please fill out the case evaluation form at the top of this page. Available 24/7. Free Consultation 1-877-384-6800.
Nathan J. Dineen