Broward County DUI Lawyer William Moore is aggressive and skilled in the art of DUI defense. If you or a loved one has just been arrested in Broward County for Driving Under the Influence and now face DUI charges, contact The William Moore Law Firm. Defense Lawyer Moore will personally return your call and provide immediate legal answers and discuss available representation in Broward County.
Broward County DUI Lawyer vs Symptoms of Impairment
These are the general descriptions of people all exhibiting the same symptoms of being under the influence of alcohol or controlled substances according to DUI Attorneys. 99.9% of all DUI arrest affidavits state that the defendant has the appearance of a flushed face, blood-shot, glassy eyes, and that their speech was slurred. Arrest affidavits are also peppered with statements by law enforcement officers as to a strong odor of alcohol from the suspect’s breath. Such language has become standardized and has been frowned upon by Florida courts. “Initial observations” described by officers in each DUI police report are discouraging to the client despite their being commonplace in the industry of law enforcement according to Broward County DUI Lawyer William Moore. From a defense standpoint over usage of the same descriptive terms time and again open the door and allow a DUI defense attorney to lower their impact and value to the prosecution’s case. Consider for a second that while such language is used to bolster the credibility of the police officer’s arrest, these individual facts taken alone do not necessarily prove that an individual was impaired.
Broward County DUI Lawyer William Moore Claims Officers are Biased when Investigating DUI
OUR DUI ATTORNEYS EXPLAIN BREATH ODOR
The statement that “an individual had a strong odor of alcoholic beverage emanating from their breath” seems to contradict the very nature of different types of alcohol available today. The strongest form of alcoholic beverage that can be purchased is that of pure grain alcohol. Such alcohol is not only the strongest, but also the least aromatic. In direct contrast, the weakest forms of alcoholic beverages, beer and wine, have the strongest odor. Consequently, the statement that an individual had a strong alcoholic odor emanating from their person, in actuality indicates that such an individual was drinking the weakest form of alcohol.
Such an observation is designed to create credibility to the officer’s arrest, however, it ignores the countless other explanations for red eyes. Everyone has varying degrees of whiteness to their eyes, so much so that a multi-million dollar industry exists whereby companies such as Visine and Clear Eyes seek to “get the red out.” Notice in all of the commercials that promote these products, none advertised their eye whiteners to be used following a night of drinking. Allergies, flu, simple fatigue and environmental conditions all can be a factor in the color of one’s eyes. Whether a defendant wears contact lenses, works around industrial compounds, sits behind a computer screen for hours a day or resides in a heavily polluted city should always be determined before giving any creditability to such a statement.
“Slurred speech” is also a term used to describe defendants in DUI cases by law enforcement in almost every case according to DUI Attorneys in Broward County. Such a description seems to be the number one indicator that an individual is impaired by alcohol and is used far and wide by law enforcement today. It is always important when preparing a defense to DUI that the investigating officer be questioned in great detail about all of the information which he obtained from the suspect while conducting his investigation. Prior to a DUI arrest, officers ask a vast amount of questions, which include everything from the individual’s name, what they had been doing prior to their arrest and where they were going and coming from. In some DUI cases I have seen upwards of almost a hundred questions being asked of the suspect on the night of their arrest. An officer’s adequate understanding of a suspects answer to all questions directly contradicts any statement that their speech was slurred. In almost every circumstance the arresting officer has never met the subject of the DUI investigation. It is important to note that this officer has no idea how the subject normally sounds and consequently would be unable to render an opinion as to whether the individual’s speech was slurred. Other factors that effect a person’s speech could be dental work or their emotional condition. Learning a defendant’s emotional and physical state on the night of their arrest is paramount in preparing their defense.