Challenges to the officer’s ability and experience in determining an impaired driver from an unimpaired driver.
Certainly, a law enforcement officer with years of experience conducting DUI-DWI investigations, and with advanced extensive training in DUI- DWI evaluations, is much more likely to be able to distinguish an impaired driver from a driver who is unimpaired and safe to drive. Years of experience as an officer alone does not guarantee the officer’s competence level, however.
Some officers will arrest ANY motorist with the smell of alcohol on his or her breath when the person declines to participate in voluntary field sobriety evaluations. Sometimes these arrests are made out of spite or in an abundance of caution, or to further the officer’s quest for recognition, promotion, or financial gain.
Any arrests that are made with little or no evidence of the typical “manifestations” of drunken behavior or symptoms should be challenged by your attorney. The usual items cited by the police include the smell of alcohol, admission to drinking, slurred speech, loss of balance, and glazed or red bloodshot eyes.
Your attorney should be able to obtain background information regarding the law enforcement officers who made the determination to arrest you for DUI-DWI. Many DUI-DWI specialists maintain files or “books” on particular officers, and transcripts of officers’ previous testimony in an effort to assure that their clients avoid unjust convictions in these politically- charged and often unfair legal proceedings.