There are numerous innocent explanations for the signs and symptoms of alcohol intoxication which, if applicable, can result in a not guilty verdict at a Massachusetts DUI trial. In most operating under the influence cases, the central issue is whether the OUI defendant's capability to safely operate his or her vehicle was diminished as a result of alcohol. Naturally, the greater the level of intoxication, the more likely it is that the driver’s capacity was diminished.
Common signs and symptoms of alcohol intoxication include erratic driving, glassy, bloodshot eyes, slurred speech, incoherence, inability to follow directions, disorientation, confusion, lack of balance & coordination, and the odor of an alcoholic beverage.
Oftentimes, swerving or other erratic operation is not the product of intoxication. For example, a driver reaching for his or her ipod or using a blackberry while driving may swerve or drive in an erratic manner. While this might constitute negligent operation, it does not mean that the driver is drunk. Other systems such as glassy & bloodshot eyes can result from allergies, eye strain from reading, exhaustion and lack of sleep.
Slurred speech can sometimes be accounted for in cases where the driver has a speech impediment, is excessively tired, has a medical problem, or where English is not his or her first language. Similarly, an odor of alcohol might suggest drinking or spillage, but not necessarily intoxication.
Alleged poor performance on tests of balance and coordination, known as DUI field sobriety tests, can often be explained due to lighting, defects in the road surface, age, medical conditions, weight, physical impairments and difficulty hearing. Incompetence on the part of the officer administering the test also sometimes accounts for alleged field sobriety test failures.
In summary, there are often many credible and innocent explanations for what is documented in a DUI police report. Police reports should be thoroughly reviewed by a skilled Massachusetts DUI lawyer prior to making any decision to “plead out” or take an OUI case to trial. By interviewing the DUI client and thoroughly reviewing the facts and circumstances of the arrest, a DUI specialist can often spot deficiencies or exculpatory information and accurately evaluate the strength of the prosecution’s case. No decision in any OUI case should be made without consulting with a lawyer who has analyzed not only the police report, but also the DUI defendant’s criminal and RMV records. Some Massachusetts DUI lawyers will provide this service at no charge.
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