The law does not require any chemical or physical test to prove that a person is intoxicated. Rather, to determine whether a person is intoxicated, a jury, judge, police officer and prosecutor can consider all the surrounding facts and circumstances, including, for example:

  • the defendant’s physical condition and appearance.
  • the defendant’s balance, coordination, and manner of speech.
  • the presence or absence of an odor of alcohol.
  • the way the defendant operated the motor vehicle or boat.
  • the circumstances of any accident.