What Should You Do If an Officer Says You Look Intoxicated?

Red and blue lights flashing in your rearview mirror can trigger immediate anxiety. When a police officer approaches your window and mentions offhand that you look intoxicated, that anxiety can quickly turn into panic. What you say and do in these crucial moments can significantly impact the outcome of this situation, and knowing your rights can be your best defense.

At The Bellinger Law Office, we understand how stressful and confusing these circumstances can be. An accusation of intoxication can lead to serious consequences, including a DUI or OWI charge. If you find yourself in this situation:

• Stay calm and remain silent.
• Politely decline to answer questions about intoxication.
• Do not consent to field sobriety tests.*
• Contact an experienced criminal defense attorney immediately.

*Note that field sobriety tests and chemical (breathalyzer) tests are not the same, and while you can refuse a field test without penalty, refusing a breathalyzer test in Indiana comes with penalties including automatic license suspension. Understanding what you can legally refuse can be critical in these moments.

Can You Invoke Your Right to Remain Silent?

If an officer says you look intoxicated, they may be trying to get you to admit to drinking or using other substances. It is essential to remember your Fifth Amendment right to remain silent: You are not required to answer incriminating questions.

Lying to an officer is never a good idea, but you are not obligated to provide them with information that could be used against you. The best response can be to politely state that you are exercising your right to remain silent and wish to speak with an attorney.

How Can You Contest an Officer’s Suspicion?

An officer must have “reasonable suspicion” based on observable signs to pull you over and investigate a potential DUI. However, observations like swerving, bloodshot eyes or slurred speech are not definitive proof of intoxication.

An experienced attorney can challenge the officer’s basis for reasonable suspicion. For example:

• Medical Conditions or Fatigue: Many medical conditions, allergies or simple exhaustion can mimic signs of impairment. Red, watery eyes or difficulty with balance do not automatically mean you are intoxicated.
• Faulty Field Sobriety Tests: Field sobriety tests are notoriously unreliable and subjective. An attorney can highlight issues with how the tests were administered or argue that external factors, like poor lighting or uneven ground, affected your performance.
• Recording the Interaction: If you have a dashcam or a passenger who can safely record the stop, the footage can be valuable evidence. It may show that the officer’s description of your behavior was exaggerated or inaccurate.

By carefully examining every detail of your case, an experienced attorney can find ways to build a strong defense.

Protect Your Rights With an Experienced Attorney

Being accused of intoxication by law enforcement is a serious matter that requires a strategic defense, as your words and actions during a traffic stop can have lasting consequences. The most important step you can take is to contact a knowledgeable attorney as soon as possible.

The Bellinger Law Office has years of experience defending clients in Fort Wayne against DUI/OWI charges. We are committed to protecting your rights and ensuring you are treated fairly throughout the legal process. If you are facing an intoxication-related charge, don’t face it alone. Contact us today for a defense you can trust.