Oftentimes, an arresting officer will cite "bloodshot eyes" as probable cause in a Virginia DUI case, as if to say that having bloodshot (or glassy) eyes is sufficient evidence of guilt. But this is not a valid way of proving a Virginia DUI.
The officer does not know what your eyes normally look like, nor do they know how much sleep you had the night before. Nor does the officer know of any medical conditions-allergies, for instance-or circumstances that might have caused your eyes to be bloodshot. In fact, any number of circumstances may have caused redness, glassiness, or an "intoxicated" appearance, and bloodshot eyes are not enough evidence to justify a DUI arrest.
In such a case, a Virginia DUI defense attorney may question the officer's observations as part of a legal defense. If there were photographs taken after the arrest, then these can be used as evidence to question the so-called bloodshot appearance. By questioning whether the police officer's observations were valid reasons for your DUI arrest, your Virginia DUI attorney may convince the judge the very reason you were arrested was invalid and any evidence collected after your arrest must be dismissed.
This type of argument can help you beat your Virginia DUI charges. Only by consulting with a Virginia DUI defense attorney will you get a comprehensive look at what defenses may help in your specific circumstances.
If you have recently been charged with a Virginia DUI, you probably have a lot of questions about where to go from here. Visit our article library for details on how to challenge a police officer's observations during your DUI trial.
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.
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