Does the Prosecutor Need an Expert to Prove That I’m Intoxicated?
No. The law in New York is well established that a “layman” or the average person, has the experience to tell whether someone is intoxicated. Consider being at a bar – you don’t need any special training to determine whether someone there is intoxicated. Therefore, you will often find that the New York police will all describe the same boilerplate signs of intoxication: red and watery eyes, the odor of an alcoholic beverage, unsteadiness, slurred speech.
Certainly, there are valid defenses to each of these allegations. For instance, red eyes can be caused by allergies; odor of alcohol can be caused by only one beer, unsteadiness would be expected from a police stop at 2 a.m., and the police are unfamiliar with your normal speech.
If you are alleged to exhibit these signs or others, call the Nassau County DWI Lawyer Richard Hochhauser to navigate your defense today!