Are physical signs of intoxication a reliable cause for a DUI arrest?
The physical indicators of intoxication are not very reliable indicators of impairment because they are subject to multiple explanations. Suppose that someone has red bloodshot eyes, the officer may say that is because they are drunk. However, it could also be because they have allergies, because they are exhausted, or because they were just at an event where people were smoking and their eyes were irritated. Also, the person may have slurred speech and the officer will say that the person’s speech is slurred because they’re drunk, when in reality that could be how they talk, or it may be that they’re so nervous, intimidated and anxious by being pulled over, and being in the situation, that it causes them to stutter and have slurred speech. All of these physical indicators are subject to non-alcohol related interpretations, and for that reason, they’re not the most reliable indicators of whether somebody is in fact drunk or impaired.
