A Fort Worth Criminal Lawyer on Attacking a Claim of Bloodshot Eyes
If you have been arrested for driving while intoxicated, it is almost inevitable that the police report will cite the arresting officer’s claim that you had bloodshot eyes at the time of the initial stop. While this information is typically used to provide probable cause for your subsequent arrest, an effective challenge to this claim made by an experienced Fort Worth criminal lawyer can be beneficial in your defense.
“Objective” Signs of DWI
Law enforcement officers are trained to look for objective signs of DWI, and bloodshot eyes are among such symptoms. Although red eyes can be a sign of inebriation, the questions your Fort Worth criminal lawyer will explore include was the officer’s observations indeed objective, and what else could have caused your eyes to appear red.
Baseline Observation
It is doubtful if the arresting officer had ever met you before your arrest and consequently could not have any idea of your normal appearance; as your Fort Worth criminal lawyer will tell you, some of us have red eyes as a natural coloration or as an indication of some eye irritation.
Causes of Red Eye
Any number of factors other than the consumption of alcohol can cause red eye. Among those are:
- Tearing from crying or discharge from a cold or allergy
- Eye irritants, such as exposure to chemicals or smoke
- Fatigue
- Stress
- Working long hours
Contact a Fort Worth Criminal Lawyer for Legal Advice
Aggressively challenging the evidence in a DWI case is important in establishing your defense. Explore the options in your case. Call Fort Worth criminal lawyer Bryan P. Hoeller at (877) 208-3382.
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