June 22nd, 2013 at 8:13 pm
In Arizona, a gentleman was recently arrested for driving under the influence although his blood alcohol content was revealed as a .00. The officer arresting Jessie Thorton told him “I can tell you’re driving drunk by the look in your eyes.” Mr. Thorton was concerned about his bad knees and hip, which was scheduled for surgery only two days later, and told the officer that his red eyes were caused from the swimming pool where he had just completed a workout. After being taken to the station, Mr. Thorton was required to take a breathalyzer test, which revealed no alcohol in his system.
Although the defendant was able to acquire an expert witness to verify his sober status at the time of testing, in the meantime Mr. Thorton’s car was impounded and he received a notification that his license was suspended pending his completion of a class. The charges were eventually dropped and the defendant filed a claim against the arresting officer.
If a police officer suspects that a driver is under the influence of alcohol, he or she can request a field sobriety test. There are several different types of tests that officers may use to determine the severity of drunk driving. These include an eye check, a walk and turn, the finger to nose test, the standing on one leg test, a preliminary breathalyzer test, and the rhomberg balance test (where suspects are asked to close their eyes and tilt their head back for approximately 30 seconds).
Those persons suffering from inner ear disorders or other health problems may be challenged to complete a roadside sobriety test that indicates drinking and driving even if they have consumed no alcohol. Unfortunately, being accused in the short term can make your life difficult, especially if your license is suspended or your car is impounded. If you believe that you have been wrongfully accused of drinking and driving, you need to communicate with an experienced Illinois DUI lawyer about your case.