A typical basis for a
drunk driving (DUI) arrest is the arresting officer's claim of "bloodshot eyes."
However, bloodshot (or glassy) eyes are not sufficient evidence that will
amount to guilt in a California DUI case. So, if an officer pulled you
over for a DUI and cited bloodshot eyes as probable cause in your arrest,
an Orange County criminal attorney may be able to successfully defend you.
The arresting officer does not know what your eyes normally look like.
Nor does the officer know what caused your eyes to become bloodshot. Many
different factors can lead to bloodshot eyes, including medical conditions
such as allergies, dry weather, contacts, fatigue, smog, or smoke. As
such, your lawyer can successfully argue that your bloodshot eyes are
not sufficient evidence to justify a DUI conviction.
During trial, your criminal defense lawyer will aggressively cross-examine
the arresting officer regarding his observations of the so-called bloodshot
appearance of your eyes. By properly questioning whether the arresting
officer's observations were valid reasons for your DUI arrest, your
lawyer may be able to successfully convince the judge (and jury) that
the basis for your arrest was invalid. As such, all evidence collected
after your arrest must be dismissed.
Only a consultation with an Orange County DUI lawyer will get you a comprehensive
and aggressive defense from the evidence against you. So, if you have
been charged with a DUI, you should contact a knowledgeable attorney as
soon as possible. Call The Law Office of Barney B. Gibbs for a
free evaluation of your case.