Don’t let them use “Bloodshot Eyes” against you in a DUI Case!

If you have been arrested for DUI, there is nearly a 100% chance that the report says that your eyes were red, watery, and bloodshot. The police are trained to include that language in their DUI reports; you better believe they do it. The argument that the government makes is that your eyes are bloodshot because you are drunk. What’s interesting, though, is that I have read that line in police reports where my client blew 0.000, passed their sobriety exercises, and was not drinking alcohol.

So how does a DUI lawyer handle the allegation of red, bloodshot eyes? The first thing to do is establish that the police officer has never met you and, frankly, knows almost nothing about you. Once it is clear to the jury that the cop doesn’t know you, then all it means is he’s guessing, or assuming, that your eyes are bloodshot because of alcohol – it is not something that he “knows.”

Allergies are probably one of the most common reasons why someone will have red, watery, or bloodshot eyes. According to the Asthma and Allergy Foundation of America, as many as 30% of adults and 40% of children suffer from allergies. Many people also get red, bloodshot eyes when tired or sleep-deprived. The eye is constantly covered in a tear film which helps protect the eye and provide it with oxygen. While we sleep, our eyes are closed, which creates a water-tight seal that gives the eyes time to recuperate. When we do not get enough sleep, we don’t give our eyes the time they need to recuperate. This causes inflammation of the eye’s surface, and the small blood vessels dilate, making the eyes look red and bloodshot. A third possible cause is wearing contact lenses too long. According to the Center for Disease Control, more than 30 million people in the United States wear contact lenses. Contacts limit the amount of oxygen that your get. Therefore, after an extended time from wearing contacts, the surface of your eye will get inflamed due to lack of oxygen, causing the blood vessels to dilate and turn red.

A qualified DUI attorney can easily handle this “indicator of impairment” at trial by questioning the officer about these and other reasons that somebody can have red, bloodshot, or watery eyes.