Reader’s Question:

My cousin was arrested for DUI in Queens, New York. He didn’t drink alcohol nor took any intoxicated substance before driving but the breath test detected that he had alcohol in his system. The police officer also saw on him symptoms of intoxication. How did this happen and in what ways can he beat the DUI charge?

Ethel

Queens, NY

If your cousin did not take any intoxicated substance before driving when he got arrested for DUI in Queens, New York, there are often innocent explanations for the symptoms of intoxication. Police officers often claim to have observed certain “objective symptoms of intoxication” in the DUI suspect. The list includes bloodshot and watery eyes, slurred speech, a flushed face and an unsteady gait. In any event, non-alcohol causes can often explain these observations. Fatigue, allergies and eye strain, for example, cause bloodshot eyes. Embarrassment, anger and nervousness over the DUI traffic stop cause flushing. Fluster and intimidation cause slurred speech.

DUI Breath alcohol testing machines also detect non-alcohol compounds, which they often mistake for alcohol. Among the compounds most commonly mistaken for alcohol are acetonitrile, diethyl ether, ethylene, isopropanol, nitrous oxide and toluene. The presence of any of these compounds in the person suspected for DUI would likely cause a false, or falsely high, blood alcohol reading.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer