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For answers to your DUI and DWI questions, or for an initial courtesy consultation, contact Charles Jerome Ware, LLC, DUI and DWI Attorneys, at (410) 720-6129 or (410) 730-5016. We can help.
There are numerous potential defenses to a DUI or DWI arrest or charge One that is frequently overlooked is anxiety of the accused.
DUI DEFENSE AND THE ANATOMY AND PHYSIOLOGY OF ANXIETY
ANXIETY is a psychological response to stressors that have both psychological and physiological components. The behavioral reactions to anxiety are influenced by psychosocial-cultural factors such as gender, race, age, employment, religion, nationality, immigration status, basic personality development, past experiences with law enforcement and other authority figures, cultural and religious values, economic status anatomical, medical and health-related experiences., et al. Each of these factors can be magnified with a DUI or DWI arrest or charge.
While mild anxiety may result in increased alertness, anxiety can, and frequently does, increase to a
heightened stage where the subjects (defendant clients) can suffer from the recognized psychological signs of anxiety such as decreased attention span, decreased ability to follow directions, increase in the number of questions asked, and the need to seek reassurance. These action are not unusual for someone, accused, charged or arrested for drunk driving.
Many who suffer from severe stress response may actually exhibit immobility. These are the very symptoms that may cause a person who is not under the influence of alcohol to perform poorly on the standardized alcohol field sobriety tests. This is in stark contradiction to police officers' frequent testimony that the accused was "not acting normally", "wanted to fight", was "uncooperative", "couldn't shut and listen to me", "couldn't follow instructions", etc., etc., etc.
Alcohol is frequently not the cause of such behavior by the accused suspect, but instead the suspect's
autonomic nervous system response to the anxiety directly resulting from the stop by the police officer and the understandable fear resulting of the resulting circumstances (be they known or unknown).
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