An experienced Chicago DUI Defense Lawyer will know that red, watery, bloodshot, or glassy eyes can be present either while you are intoxicated or while you are sober for various reasons. Red, watery, bloodshot,or glassy eyes might occur due to other conditions COMPLETELY UNRELATED TO ALCOHOL CONSUMPTION such as wind irritation, dust or pollens in the air, fatigue, eye irritation, or your emotional state.
Competent Illinois DUI Defense Attorneys will also point out that there also exists no real correlation between red, watery, bloodshot, or glassy eyes and your Blood Alcohol Concentration (BAC). Eye irritation or discoloration effects like bloodshot eyes might be equally present in people who are not intoxicated and have not had anything at all to drink. Among the other causes that might produce red, watery, bloodshot, or glassy eyes include:
If an arresting officer claims that your eyes were bloodshot, your Chicago DUI Defense Lawyer might attack his claim by emphasizing that the officer does not have a baseline for comparison on how your eyes typically appear. In other words, the officer does not know whether your eyes are typically clear or reddened under normal conditions without consumption of alcohol. A good Illinois DUI Defense Attorney should point out that some people naturally have bloodshot eyes. Other people acquire bloodshot eyes daily from long hours working at a computer.
Even if you do not normally have bloodshot eyes,there are other factors that can cause eyes to redden, as listed above. For instance, fatigue, long hours at a computer screen, fumes from cleaning fluids,some art supplies, allergies, smog, and contact lenses could all contribute to making your eyes bloodshot. Smoke in bars can also act as an eye irritant.
Your Chicago Dui Defense Lawyer might raise any and all of these factors during cross-examination of the arresting officer. Such questions on cross-examination could demonstrate to the jury that the officer's observation regarding your bloodshot eyes can be safely disregarded because there are too many other explanations for your bloodshot eyes than alcohol intoxication.
Another interesting tactic, but one that is not always applicable: your Illinois DUI Defense Attorney might check the eyes of the arresting officer. Let's face it: most DUI arrests take place late at night.This means that the officer who arrested you if you were arrested at night was probably working the graveyard shift.
Your DUI trial, on the other hand, will usually occur during the day. This is the time that most graveyard shift officers would normally be peacefully sleeping. Because your trial might have significantly disrupted his sleep cycle, your arresting officer might appear at your trial with bloodshot eyes.
This gives a clever Chicago DUI Defense Lawyer like Michael P. Schmiege the opportunity to make some points on the condition of the police officer's eyes. If the officer’s eyes were bloodshot, Illinois DUI Defense Attorney Michael Schmiege might remark in cross-examination that he can't help noticing that your arresting officer's eyes are pretty bloodshot. Then Mr. Schmiege could ask the officer if he has been drinking.
The officer will likely say that, on the contrary, he has been up late working and had to report early to court for trial with little or no sleep. And Michael Schmiege could validly point out that being up late can cause bloodshot eyes. This line of questioning could clearly reveal to the jury that alcohol isn't the only possible explanation for your bloodshot eyes at the time of the arrest. It isn't even the best explanation.
Michael Schmiege has the dedication, knowledge, and years of trial experience you need to successfully overturn an arresting officer's claim that you were intoxicated based on bloodshot eyes at the time of your arrest.Contact Michael Schmiege for a FREE, no obligation legal consultation about your case. Let him evaluate the specific circumstances of your arrest and guide you through your available options for successful legal defense. (312) 906-7800
NOT GUILTY – Possession of a Controlled Substance w/ Intent to Deliver
Driving Under the Influence of Alcohol – NOT GUILTY
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