10 Ways to Challenge a DUII

  1. Illegal vehicle stop: If you violate the traffic then only the police has the right to stop your car. Stopping a vehicle for violating the traffic does not mean that the person is driving under the effect of intoxicants. The police must have proper evidence that you are driving under intoxication. The vehicle stop and arrest should be legal and it has to be proved by the government. If the stop is illegal then any further evidence to support it becomes meaningless.
  2. Field Sobriety test can be challenged: Police often conduct field sobriety test on person they suspect of driving under the effect of intoxicant. These tests are not always accurate. Sometimes police fail to conduct the field sobriety test accurately. In such case the jury cannot depend on such results.
  3. Failure of the machine for breath test: Breath test machines also break down like any other machines. The government must notice whether the breath test machine is working properly and giving accurate result. Often multiple errors are found in breath test that can void the test result. We properly review all the breath test results to find out if there was any malfunction of the machine that can result in dismissal of your case.
  4. Failure to adjust the Breath Test Machine: The breath test machine must be checked every 90 days to calculate its accuracy. After every repair the machine must be readjusted. Adjustment tests are also required with a dry gas or wet bath simulator solution. If the adjustment is off, the BAC measurement will not give accurate result. The machine may give a result that exceeds 0.08 when your actual blood alcohol concentration is much less.
  5. Forgot/Failure to read the implied consent warning: Before conducting the breath test the police must read a legal document explaining you the results of the breath test. If for any reason the police fail to read the legal documents before the breath test, the result cannot be used against you.
  6. Wrong assumptions in breath testing: People often wonder how I beat a DUII case where a breath tests that exceed the legal limit of 0.08% in Oregon. The answer is that there is a doubtful assumption used by the breath device to convert a breath sample to a blood alcohol concentration. The machine assumes everyone is same. But in reality differences in breathing patterns and body temperature can raise the readings. Medical problems like Diabetes and Gastro Esophageal Reflux Disorder also affect breath test results. After considering these variables we can say that an individual who tested above the legal limit may have a blood alcohol concentration much below the legal limit. This can be an excellent defense.
  7. Medical problems: The field sobriety test result can be largely affected due to medical problems and physical disabilities like Diabetes, GERD (Gastroesphogeal Reflux Disease) and many more medical conditions can falsify the breath test result. You must provide your proper medical history to your attorney so that he can determine if such medical issues can provide defense in your case.

 

  1. Drug effect: Driving under the influence of intoxicants is against the law in Oregon. There are many prescription drugs that are not controlled by the state. You cannot be charged with DUII for consumption of non-controlled prescription drug. If you are charged with DUII for controlled drug consumption, the police will request for your urine sample. Urine sample cannot determine the actual drug in your system. Actually the state will not be able to prove that you were not taking a recommended dose of your medicine. A police officer is supposed to conduct medical tests frequently to find out the actual drug but in most cases such findings are inconsistent.
  2. Right for blood test : A person arrested for DUII also has the right for independent blood test after the police has conducted the breath test.
  3. Video evidence: The police often video tape the scene of arrest and also the performance of the field sobriety test. Generally police overstate the suspect’s bad performance on these tests. But these videos act as evidence in front of the jury that the client did quite well on the tests.