The system has to work in all cases including cases in which people are accused of drunk driving or DUI. But is it? Over the years, these investigations have become one-sided, slanted and skewed. Exculpatory and favorable evidence is ignored. Any misstep by the driver is interpreted, without question or query, as evidence of intoxication or impairment. Even the slightest physical “sign”, e.g., bloodshot eyes, is assumed without follow-up or investigation, to be the result of alcohol or drug consumption and intoxication. When we query the police about whether they made any inquiry at all or did they just assume, they are cornered time and time again into admitting they made assumptions and relied on supposition. Yet, it continues.

In episode 8, I explore how intoxicated or impaired (DUI cases) are built by the police from the initial observation of driving to the arrest. I explore how the process is skewed and how the legal system has over time become seemingly tolerant of slanted investigations into allegations drunk driving. You’ll hear how the police have been permitted to ignore troves of favorable, exculpatory evidence while cherry picking a couple of “bad” facts and using those against the driver. Any mistake that could be due to nerves or fear is noted as a sign of intoxication and impairment. And if the driver acquits himself perfectly on all of the questions and tests, the police just assume that “he’s a good drunk” and “he holds his liquor well.” What’s worse … nearly all of the evidence gathered in the investigation comes from the driver’s own mouth and his own deeds. After arrest, if the police want to interrogate you, Miranda Warnings (the subject of Episode 7) are required. But during a traffic stop and investigation into drunk driving, they aren’t required. And because people choose to answer questions and participate during these skewed investigations, they end up providing most of the evidence against themselves. They unwittingly assist and aid the police in making the case against them and they do so thinking they have a chance to convince the police that they weren’t intoxicated, impaired or high. They end up being their own worst enemy.