DUI In California

Reader’s Question:

A friend of mine got arrested in Los Angeles, California because of DUI. He had a slurred speech according to the police report. Can a slurred speech be used as evidence in a DUI trial?

Alonzo

Los Angeles, CA

Just like the odor of alcohol on the breath of a person arrested for DUI, a very few police reports would fail to include an observation by the police officer that the person arrested exhibited “slurred speech” during the DUI arrest. The police officer usually expects to hear slurred speech in a person whom he/she suspects as intoxicated or driving under the influence, particularly after smelling alcohol on the breath. Also, it would be a psychological fact that we tend to “hear” what we expect to hear. And upon hearing a slurred speech, it supplies the police officer with a proof of his suspicions that the person was indeed intoxicated, and thus driving under the influence.

Assuming that the police officer was honest that your friend who was arrested for DUI in Los Angeles, California had a slurred speech during the DUI arrest, there is little evidence that this is a symptom of intoxication. For example, impairment of speech, even when sober, is a common reaction to the stress, fear and nervousness that a police investigation would be expected to happen. Fatigue is also a well-known cause of having a slurred speech. A study of phonetician showed that even self-proclaimed experts are not good at estimating people’s alcohol levels by the way they talk.

So, you’re time to consult with a San Jose CA DUI lawyer is nearing, and you aren’t sure what to do? It’s pretty simple. All you have to do is ask questions and try not to make a decision right away. You’ll want to consult with a couple more lawyers before you can do that. Instead, get the information that you need so that you can compare later. Here are a couple of important points to hit on when you are having a consultation with a prospective lawyer.

• Right when you walk in, or even over the phone, stress that you need to have the consultation with the very same San Jose CA DUI lawyer who will be your representation if you end up hiring. Some firms try to do a switch around on you, but you need to speak with the correct person.
• How much experience your possible lawyer has and in what can tell you pretty much everything you need to know. Look out for someone who spends at least half of their cases on defending DUI and who has a few years to sharpen their claws in the courtroom.
• Price matters. Even though you can make monthly payments, still try to get the best lawyer for the least amount of money.