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Questioning a Police Officer’s Observations During Your Virginia DUI Case (Part B)

Having bloodshot or glassy eyes

Another typical argument for an arresting officer to cite as probable cause for a Virginia DUI arrest is that the driver had bloodshot eyes. But in a cross examination, the officer will have to admit that they do not know what the driver's eyes normally look like. Nor will they know how long that driver had slept the night before, or what kind of strain the driver's eyes had been under on the day of the arrest, or if they were suffering allergies, and so on. Bloodshot eyes are not enough proof to make a Virginia DUI arrest.

If a photograph was taken by the officer just after the arrest, an attorney can look to see if the driver's eyes look normal in that picture. If they are, then the Virginia DUI attorney can use that photograph as supporting evidence. Another option is to have the officer observe the driver's eyes while they are sitting on the witness stand. Perhaps the glassy, bloodshot look was the result of other factors, or perhaps it's just the way their eyes look on a daily basis.

The point is, an officer's subjective observations are not always a definitive reason for a Virginia DUI charge. Human error and misinterpretation or even a pre-conceived notion of guilt may have lead to the arrest. This once again illustrates the point that if your arrest was invalid based on a lack of probable cause, your Virginia DUI charges may be dismissed.

The most important decision you will make regarding your Virginia DUI charge

If you are facing a Virginia DUI charge, then you are facing penalties that can have a significant impact on your life. A conviction may come with fines, license suspensions, and even some serious jail time. But there is no reason to think that you cannot beat your Virginia DUI. The most important decision you will make in this situation is to choose the right attorney. Make it your goal to find a lawyer that is honest, successful, and who will treat you with the utmost care and value your rights, and most importantly - an attorney who is experienced at winning Virginia DUI cases.

Virginia DUI Lawyer Bob Battle has the experience and ability to help his clients use these errors to mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

Bob Battle
100% of my practice is devoted to serious traffic defense and criminal litigation in state and federal courts