If you are stopped by the police for a traffic offense in Texas or anywhere, and the police officer suspects that you have been drinking, criminal defense lawyers know that unfortunately, it is likely you will be investigated for DWI or DUI.
After pulling you over, officers are trained to look closely for signs of intoxication. Most police officers have gone though basic DWI or DUI training to detect indicators that are claimed to be consistent with intoxication. In DWI or DUI investigations, after a traffic stop is made, police are trained to use their sense of sight, hearing, and smell. Criminal defense attorneys know that police will look for blood shoot eyes, alcohol containers and unusual actions. Police will also listen for slurred speech, admissions of drinking, abusive language or unusual statements. Finally, they will smell for alcoholic beverages or odors used to makes the smell of alcohol, like gum or breath sprays.
A good criminal defense attorney will understand that none of these indicators means a person is intoxicated or guilty of DWI or DUI. In other words, a good criminal defense lawyer will know that the smell of alcohol does not indicate intoxication, that there are countless reasons for red eyes, and that some people have naturally slurred, or lazy speech.
Unfortunately, police officers are trained to assume that all drivers who smell like alcohol are intoxicated, and as a result, they use any possible evidence they observe to support that conclusion. A good DWI defense attorney should be able to challenge the police’s investigation and make a jury understand that none of these indicators are proof of guilt in a DWI or DUI case.