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New Jersey DWI Alcohol Intoxication

Two of the most commonly cited “objective” signs of alcohol intoxication in New Jersey DWI arrest cases are red eyes and an odor of alcohol on the breath. Because the redness of your eyes and the strength of your breath odor are entirely up to the judgment of the arresting officer, it can be hard for a New Jersey DWI lawyer to argue that your eyes weren’t red or your breath didn’t smell like alcohol. Therefore, he will more likely counter this claim by arguing that even if your eyes were red or your breath did smell like alcohol, it wasn’t necessarily caused by alcohol intoxication.

How Your New Jersey DWI Lawyer Will Attack a Claim of Eye Redness

There are countless reasons why a person’s eyes may be red, the vast majority of which have nothing to do with alcohol consumption. Wind irritation, dryness of the air, tiredness, having something in your eye, or crying all cause eye redness, and these are totally unrelated to alcohol.

How Your New Jersey DWI Lawyer Will Attack a Claim of Odor of Alcohol

Police officers frequently use odor of alcohol on a driver’s breath to determine that a driver has been drinking and to justify the start of a DWI investigation. They are rarely as skilled at correlating blood alcohol content with breath odor strength as they think they are. One study asked 20 experienced police officers to detect alcohol odor on the breath of 14 subjects with blood alcohol levels between zero and 0.13 percent. They were unable to identify the beverage type (beer, wine, or hard liquor) or the relative blood alcohol levels of the subjects.