Two forms of evidence obtained by the officer on the night of the incident that could be used against you in DUI cases include his or her observation of wateriness and/or redness of the eyes and detection of the smell of alcohol. An experienced New Jersey DUI lawyer can contest this evidence.Though an officer might check for eye redness/glassiness to determine whether or not a driver is intoxicated, eyes can appear this way for reasons unrelated to intoxication. Tiredness, metal state, emotional agitation, and weather conditions may cause eyes to appear red and watery during a state of sobriety.
The smell of alcohol is often used as a way by which to justify the start of a DUI investigation. Based on a study of alcohol odors that tested 20 experienced officers, however, it is clear that the smell of alcohol is not always an accurate indicator of intoxication. Fourteen subjects with BAC levels ranging from 0-0.13% were asked to blow through a six-inch tube while concealed from view of the officers. When smelling the odor that came through the tube, not only could officers not identify the type of beverage, but their odor strength estimates did not correlate with BAC levels.
If you have been accused of drunk driving, you will need a New Jersey drunk driving attorney to use his or her knowledge of the DUI law in order to challenge any evidence of red/watery eyes or the smell of alcohol that will be used against you.
