A video shows the defendant appearing and speaking in a sober manner, and the police officer states the defendant performed poorly on field sobriety tests, had an odor of alcohol, red eyes and slurred speech.
2006-06-25 16:59:50 · 14 answers · asked by thanks 2 in Politics & Government ➔ Law & Ethics
Former police officer/current attorney
Regarding the answer by "Superstar"...it is true that pure alcohol has no odor. But, alcoholic beverages do smell, usually like sh!t after awhile. You put a drunk in the back of a squad car, and it smells HORRIBLE...
I would interested be in knowing what the legal limit is in your state. In Indiana it is .08% BAC. However, a defendant can still be charged even though they tested below the legal limit. The state would then have to show that the defendant, even though below the limit, was too impaired to drive.
As far as the defendant "appearing" sober...I've seen people who tested in the .25% to .30% range and appeared perfectly normal. Career alcoholics have a higher tolerance than others.
The red eyes and slurred speech are "typical" fluff to try and prove intoxication and/or impairment. The field sobriety tests are useful, especially if taped.
Given your facts it would be tough...especially if the defendant was slightly below the legal limit, and the state was trying to get him convicted on the impairment aspect instead, tough call.
2006-06-26 06:56:37 · answer #1 · answered by Whitey 3 · 0⤊ 0⤋
Look remember when cops use to pace people who they thought were speeding and gave tickets just because the cop said so not a radar or anything, that was wrong, so if a cop said he appears drunk or what ever it does not mean anything unless he was given a breath test and failed it with a .08 or above but .07 the person is still sober legally and should be found innocent. I am one who does belive if you drive you do not even take one sip of any alcohol of what so ever.
2006-06-25 17:09:55 · answer #2 · answered by Big9inchworm 2 · 0⤊ 0⤋
I'd weigh the evidence and if I believed the cop, I'd vote guilty. But first I'd listen to the evidence presented by the defendant. The cop is lying if he says he smelled the odor of alcohol. Alcohol has no odor. Red eyes could be due to contact lenses or lack of sleep as could slurred speech or a medical reason.
2006-06-25 17:05:20 · answer #3 · answered by Superstar 5 · 0⤊ 0⤋
If he blew they asked too. But it depends on the state that he lives in even the city some states and cities have a zero tolerance rule meaning no matter what he blows he still can be arrested.
However if .08 is the legal limit then he should be walking free, with just a warning.
2006-06-25 17:33:22 · answer #4 · answered by king_shafto 2 · 0⤊ 0⤋
At .07 he WOULD have appeared drunk. .08 is only the cutoff for where your are considered too drunk to operate a car/motor veichle. These are to entirely different things. He could NOT be charge with DUI since it was .07, but could be charged under other laws relating to driving.
2006-06-25 17:43:26 · answer #5 · answered by caffeyw 5 · 0⤊ 0⤋
DOES the defendant hold a CDL license. The judge will sentence according to the LAW. He could suspend the sentence entirely, reguardless of the verdict. This is why he is the judge.
2006-06-25 17:07:43 · answer #6 · answered by Anonymous · 0⤊ 0⤋
If the breathlyzer registered a .07 in Georgia, he wouldn't be charged... got to be .08 or higher.
2006-06-25 17:03:58 · answer #7 · answered by J.D. 6 · 0⤊ 0⤋
In my state, I would not be on jury unless they blew a .08.
No exceptions.
2006-06-25 17:02:57 · answer #8 · answered by Wolfpacker 6 · 0⤊ 0⤋
I'm surprised they prosecuted him. With variations in the field tests, I would definitely vote to acquit.
2006-06-25 17:04:05 · answer #9 · answered by westernndguy 4 · 0⤊ 0⤋
They just want a conviction. Don't give it to them. If he blew .07, not guilty.
2006-06-26 03:31:08 · answer #10 · answered by Michele 1 · 0⤊ 0⤋