Police Officer Observations

Contradicting "Visual Evidence" of Intoxication

What Was Your Traffic Stop and Subsequent DUI Arrest Based Upon?

Many people mistakenly believe that you must have a blood alcohol content of .08 in order to be charged with DWI (a.k.a. DUI) in Indiana. However, police may rely upon a combination of visual signs of intoxication and field sobriety tests to bring impaired driving charges, regardless of your actual BAC.

Since this visual evidence is based on officers' observations, it is largely subjective and constitutes nothing more than circumstantial evidence. The Law Office of Eric L. Mayer has secured dismissals, jury acquittals, favorable plea bargains, and lesser penalties by aggressively challenging police officer observations.

Driving Behavior Leading Up to the Traffic Stop

Despite the negative things the arresting officer has said about your driving conduct, there may be plenty of other signs indicating that you were in control of your vehicle at the time of your DUI arrest. Our lawyer can obtain video evidence or witness statements and can cross-examine the arresting officer to point out the things that you were doing right at the time of the arrest. Actions that can contradict the arresting officer’s statements include:

• Driving within your lane - Factors, such as bad wheel alignment or wind, can cause you to drift inside your lane, which is perfectly legal. In fact, staying off the shoulder and not crossing the centerline demonstrates safe command of the vehicle.
  
• Staying under the speed limit
  
• Maintaining a safe distance between other cars
  
• Using your turn signals
  
• Obeying traffic signals and stop signs
  
• Pulling over immediately after the officer activates his emergency lights
  
• Pulling over with a smooth, non-jerking motion, and without impeding other vehicles
  
• Parking in a safe place

The arresting officer may draw false conclusions about your sobriety after observing your appearance and actions once you have been pulled over. We have successfully challenged statements in police reports detailing the following roadside observations:

• "Glassy, bloodshot eyes" — Many factors other than intoxication can cause these symptoms, including physical exhaustion, sleep deprivation, air pollution, allergies, exposure to cigarettes or cigars, intensive or prolonged reading, or illness.
  
• "Slurred speech" — The arresting officer has never heard you speak before, so he or she may be unfamiliar with your normal speech pattern. In fact, the stress, fear, and nervousness from being stopped by the police can often cause impaired speech.
  
• "Poor manual dexterity" or "Fumbled when removing license from wallet" — People with cluttered purses or wallets typically "fumble" when asked to remove one item, particularly if the person asking is a police officer.
  
• "Leaned against vehicle" — Leaning against a vehicle while standing outside of it is a natural human tendency.
  
• "Pulled self from vehicle" — Most people grab the steering wheel, door frame, and/or door handle when exiting a vehicle.
  
• "Unsteady balance" — The officer has never seen you move before, so they have no idea about your normal balance and coordination.

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Attorney Eric L. Mayer has spent 27 years studying the drunk driving laws of Indiana, and his practice is devoted exclusively to DUI defense and alcohol-related traffic offenses. Contact an experienced lawyer who will examine the physical evidence and attempt to skillfully counter the circumstantial evidence.