Symptoms
Present in nearly every single Ventura County DUI police report will be a list of symptoms that the prosecution will attempt to use to prove that you are guilty. These symptoms include “red and watery eyes”, “slurred speech”, and an “odor of an alcoholic beverage”. The reason that these symptoms appear in nearly all of the reports is that many officers copy and paste previous reports into the report they are preparing for the current arrest. Another common symptom the officers claim to note in a Ventura County DUI arrest is that the person had an “unsteady gait”, which essentially means difficulty walking. Additionally, the National Highway Traffic Safety Administration board (NHTSA) also has a list of post-stop cues that the prosecution will use against you in your Ventura County DUI case.
Post-Stop Cues
- Difficulty with motor vehicle controls,
- Difficulty exiting the vehicle,
- Fumbling with driver’s license or registration,
- Repeating questions or comments,
- Swaying, unsteady, or balance problems,
- Leaning on the vehicle or other object,
- Slurred speech,
- Slow to respond to officer/officer must repeat questions,
- Provides incorrect information or changes answers, and
- Odor of alcoholic beverage from the driver.
The officer, and the prosecution, will attempt to use the symptoms you allegedly displayed against you. However, it is important to note that many of the symptoms allegedly associated with DUI can be explained by other, innocent behavior. First, red and watery eyes can be the result of allergies, being tired, being around cigarette smoke, etc. Second, the odor of an alcoholic beverage can be present without the person being intoxicated. Third, the officer who has described your speech as “slurred” has presumably never heard you speak before. Having an experienced Ventura County DUI attorney who knows how to fight the prosecution’s efforts to use your alleged symptomology against you is essential if you want to have any chance at winning your case.