A large part of the state's argument in a
DUI case will be the testimony of the arresting officer about the symptoms of inebriation
he observed when he made the arrest. This is why Orange County DUI defense
attorneys make it a priority to challenge the reliability of these symptoms
whenever possible. For example, consider the commonly known symptom of
alcohol use, the red face.
It is surprising how often this is cited as evidence for drunkenness, despite
the fact that there are so many reasons that an individual might have
a flushed face that has nothing to do with alcohol. The most glaring examples
are that a person might simply have a ruddy complexion. Without seeing
a photo of how the person looks normally, it would be impossible to tell
how much of the redness is unusual.
Other causes for redness in the face might include sunburn, makeup, and
blushing out of embarrassment or anger. This last symptom is especially
notable because being pulled over and interrogated often causes both embarrassment
and anger. If the arresting officer can be caught blushing at any point
during his cross examination, because of a mistake on a diagram or forgetting
one of the attorney's names, the attorney could point it out to the
jurors, effectively proving his point.
If you have been charged with a DUI in Orange County, make sure you have
an experienced criminal attorney who can handle any argument the prosecution
makes. Call The Law Office of Barney B. Gibbs today for a
free initial consultation.