A woman from Stafford County, Virginia was arrested for a suspected DUI after police allege she drank a small box of wine at Target and then left the store and drove away.
Diana Thorne, age 30, was pulled over on Friday, March 1, 2019, while still in Stafford County. The stop was initiated by a deputy on Route 17 at approximately 4:57 p.m. The deputy had seen Thorne flick cigarette ashes out of her window.
When the deputy approached the vehicle, he noticed a strong odor of alcohol wafting from the vehicle immediately upon his approach to it. When speaking to her, the deputy also noticed that she had slurred speech as well as bloodshot and glassy eyes.
Inside the vehicle, the deputy observed an empty box and a full, unopened box of wine. Thorne admitted to drinking the wine while in the Target department store. She took a field sobriety test and was taken into custody shortly thereafter.
Deputies also obtained a search warrant for Thorne's blood and she was taken to the hospital for the blood draw. While there, she apparently became difficult and combative. She also allegedly kicked two police officers during the altercation.
She is charged with:
assault and battery on a law enforcement officer,
obstruction of justice,
use of abusive language, and
throwing an inflammatory object from a vehicle.
Evidence of Intoxication - Observations of Police Officers
While breath and blood tests are often the most commonly thought of evidence in proving a case of DUI, especially for alcohol, there are in fact a great many things that a law enforcement officer can observe that can also be used against you in court.
Bloodshot and Glassy Eyes: A person who is "drunk" often has very bloodshot or glassy eyes. Officers are trained to look for this and will testify about it at trial if they observed it. However, glassy eyes can be a symptom of other ailments or conditions, like allergies, cold weather, and an officer shining a powerful light in your eyes.
Odor of Alcohol: When an officer smells alcohol, he or she will immediately become suspicious and will almost inevitably look into it further. This observation will also be mentioned during your trial and can be used against you to attempt to prove intoxication.
Open Containers: The presence of open containers of alcohol is often a clear sign to law enforcement of the likelihood of a DUI. Whether you were intoxicated or not, this evidence will likely also be used to try to prove that you were.
Consult an Experienced Virginia DUI Attorney
These kinds of observations are often inaccurately obtained and based on assumptions by police officers that are not actually indicative of true intoxication. With the right kind of legal help, you can challenge these assumptions and defend your case.