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.