In just about every DUI trial in Orange County the arresting officer will testify that one of the first clues that the driver was under the influence of alcohol or drugs was that the driver had bloodshot or watery eyes. In fact, the DS 367—a DMV form used by all California law enforcement personnel in a DUI investigation—has a box right on it next to the words “bloodshot/watery eyes”. The idea is that the officer check this box if the driver had red or watery eyes. Of course, the mere presence of this box on the DUI investigation form is extremely suggestive and good Orange County DUI Attorneys will make sure that the jury understands just how suggestive this is.
A skilled Orange County DUI Attorney will
also, while cross-examining the arresting officer, get the officer to commit to
his reliance on this clue. Thus, the jury will see that once the officer saw
red or watery eyes, they assumed the driver was under the influence of drugs or
alcohol and biased toward guilt from that point on. A DUI Lawyer will expose the DUI
officer’s bias by showing that red or watery eyes can be caused by many
non-alcohol related factors—such as fatigue, sun exposure, allergies, smoke, or
pollution.
Once the DUI Attorney in Orange County
educates the jury about the many causes of bloodshot or watery eyes—sometimes by
expert testimony—the defense attorney should then show the jury that the DUI
officer never even considered these other possibilities. For example, the DUI
Lawyer in Orange County should ask the officer “did you ask my client
whether he has allergies? (They almost never do) Did you ask my client whether
he had been in the sun during the day? Or whether he or she had been in a smoky
or polluted environment recently? Did you ask the driver whether they had slept
recently? Of course, the DUI attorney
will know the answers to these questions in advance. If the officer did ask any
of these questions, it will be in the report.
By
establishing the many causes of red or watery eyes, and by then establishing
that the officer never even considered these other possibilities, your DUI
defense lawyer will not only negate the value of this evidence, but will also
show that the cop was biased against the driver from the start.
If you face
charges for DUI or DUI
with injury in Orange County and would like to consult with an experienced
DUI defense attorney, call the Law Offices of EJ Stopyro today. The
consultation is free and confidential. Or visit our website at www.EJEsquire.com. 
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