Comprehensive Arizona DUI Information
Observational Evidence In Arizona DUI CasesThe police may have failed to gather much evidence against you. Suppose you were savy enough to request an attorney in lieu of taking their field sobriety tests. Suppose you also asked for an attorney and cut off all interrogation before the DUI officer was able to get any kind of incriminating response. You invoked your Miranda rights. Suppose further that the breath test came back borderline or inconclusive, and the Judge will not let it into evidence.
Can you still be convicted of DUI in Arizona?
It may surprise you that the answer is still yes. That is because the officer can testify to what he or she observed. While they are prohibited from concluding to the judge or jury that you were "drunk" or "impaired," they can talk about signs that they noticed.
They typical things they mention, which DUI officers refer to as "signs or symptoms of alcohol impairment," are as follows:
- Bloodshot, watery eyes.
- Flushed face.
- Odor of alcohol.
- Slurred or slow speech.
- Lack of manual coordination, or slow thick fingers.
- Balance trouble.
- Disorientation.
Even if the officer does not have any "real" evidence against you, if they are credible and likeable, then may still be able to sell a judge or jury on your guilt.
That is why you need to have good explainations for all of the signs that the DUI officer mentions.