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“It’s All in the Face” – Why a Red Face Might Be Used Against You

Police badgeThere are many ways in which a police officer might argue that a suspect was evidently under the influence of alcohol, but without a chemical or breath test, many of these methods are questionable and subjective. The standard field sobriety tests are notoriously inaccurate, as any Sacramento DUI lawyer can tell you. And yet, sometimes, they are all the officers have to go on.

The Flushed Face

One somewhat bizarre argument that you might see a police officer make is that he could tell a suspect was drunk because he had a flushed face. There is no objective criteria that defines this as a reliable measure of drunkenness, but many a Sacramento DUI attorney has seen this argument made.

Defending Flushed Face Claims

Of course, there are many reasons for a red face. Some people naturally have a more rosy complexion than others.

Even if you don’t, your Sacramento DUI lawyer can come up with a host of other possible explanations for having a flushed face. Perhaps you were sunburned recently. Perhaps you are wearing blush makeup. Perhaps you were embarrassed and upset at being pulled over, leading you to have a higher state of emotional arousal and thus a flushed face.

To argue against this, one tactic your Sacramento DUI attorney might use is to see if the officer becomes embarrassed or flustered on the stand, and see if the officer’s face goes red as well. If he does, your Sacramento DUI lawyer can ask how his face went red if he is perfectly sober.

For Strong Legal Representation

For more information on DUI defense, contact a Sacramento DUI lawyer. Call Param Pabla at (916) 285-7900.

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