Call for Free Consultation 925-933-4500

Blog

DUI Lawyer Concord CA Speaks on Slurred Speech

Posted by Blackie Burak | Mar 26, 2019 | 0 Comments

In a large majority of cases, police who detain a suspect for a DUI report “slurred speech” as a symptom, which along with other observations establishes the probable cause for an arrest. However, can a police officer accurately (1) identify slurred speech and (2) conclude from that observation that a driver is impaired?

8 300x199

Identifying Slurred Speech

The first issue to consider is that when law enforcement contacts a driver, it is almost certainly the first time the two individuals have had any interaction; the police officer has likely never spoken with the driver. Therefore, the driver's normal speech pattern is unknown, and the officer has no basis for comparison. Additionally, some impairment of speech is a commonly recognized reaction to fear, nervousness, and stress and as a DUI lawyer Concord CA can attest to, typical for a driver to experience when pulled over by the police.

A Sign of Impairment

Numerous research studies have reached a very similar conclusion; people, even those trained or experienced in listening to slurred speech, have difficulty in accurately assessing alcohol impairment simply by assessing how an individual speaks. The common thread, as identified in controlled testing, is that listeners tend to overestimate the intoxication level of those who have consumed a moderate amount of alcohol. Although those with experience, such as police officers, bar tenders, and hospital workers were better than average, they still incorrectly assessed the drunkenness of mild drinkers.

Contesting the Evidence

Other than the issue of the validity of using slurred speech as an indicator of impairment, your DUI lawyer can contest the evidence supporting the contention that your speech was slurred. For instance, if there was a conversation between you and the officer in which specific details were related, there may be a contention that your speech was not so slurred as to be indicative of alcohol impairment. Also, if passengers were in the car were present, they may have some observations regarding the facts that are different than those of the officer.

Contact a DUI Lawyer Concord CA for Legal Advice

No one is encouraging drinking and driving, but many charges of DUI are inappropriate. A DUI arrest need not automatically translate into a conviction. To discuss the options in your case, call Blackie Burak, a DUI lawyer Concord CA, at (925) 933-4500 .

About the Author

Blackie Burak

Attorney Blackie Burak has nearly 40 years of successful criminal defense experience. He effectively uses this experience to mount an aggressive defense against even the most complex DUI / DWI charges. His keen focus on this area is based on his cutting-edge knowledge, skills and courtroom techni...

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Contact Attorney Blackie Burak

If you have been arrested for DUI in northern or central California, please contact the Walnut Creek law office online or call toll free at 1-866-BLCKDUI for a free consultation. Contact Now

Menu