Tuesday, May 15, 2012

"California DUI Officer, please don't assume the condition of my eyes, speech or gait has to do with being DUI"

At California DMV's administrative hearings, how can defense attorneys contend the purported "Symptoms" of Intoxication are not necessarily proof of being DUI or even related to alcohol?

San Diego DUI defense lawyers may now use this language from the new DMV Manual:

"Objective symptoms of intoxication can also occur for reasons other than intoxication such as:

• Bloodshot/watery eyes can be due to crying, contact lenses’, allergies, or other eye irritations.

• Nystagmus occurs naturally in some persons.

• Gait or balance problems could be due to musculoskeletal problems, injuries, or a prior stroke.

• Slurred speech could be due to an impediment or a residual effect from a stroke.

• Drowsiness could be due to fatigue or lack of sleep."

San Diego County DUI Law Center has published this new DUI / DMV article relating to this California reasonable cause issue.