Allegations of driving under the influence of drugs or alchohol come with it life altering consequences if found guilty.
You are innocent until proven guilty. And with a defense attorney who specializes in OUI representing you in court, stand a better chance of winning your case before a judge or a jury. Yes, it appears to be difficult to successfully defend an OUI case. However, with an attorney who has been educated and trained by the National College of DUI Defense (NCDD) has many options to attack the prosecution’s evidence against you.
First, let’s start with how and why your vehicle was stopped by police. Before police even pull your vehicle over, they need probable cause. This means that they must have witnessed you breaking the law in some way (usually a traffic violation such as speeding). If you weren’t doing anything wrong, then you shouldn’t have been stopped. The officer must have also had a legal reason to detain and arrest you. And speaking of your arrest, the officer must have read you your Miranda rights and the Implied Consent Notice, warning you of enhanced penalties should you have refused to submit to a chemical test.
If you did submit to a breath or blood test there are many things that can go wrong. For example, was the officer trained on how to use this breath test machine? Was this machine working properly at the time you were tested? If you were given a urine or blood test, were you taken care of by qualified medical personnel? The machines must have also been calibrated and maintained properly to ensure your sample wasn’t tainted.
Another defense for your case may rely on your field sobriety test results. For example, if you were given the One Leg Stand test, which is a test of balance on a slippery hill, this can affect how you performed on the test. Officers must ensure that certain conditions are right in order to request a field sobriety test. If you are over 65, more than 50 pounds overweight or have a physical disability you cannot be expected of asked to perform such testing.
These are just a sampling of the types of defenses NCDD educated and trained OUI defense attorneys use in OUI cases. When we meet, we will talk much more about the other ways to challenge the forensics and pseudo-science that is being used against you.
TIPS FOR INTERACTING WITH THE POLICE
- Always be polite to the police officer no matter what.
- Always exercise your right to remain silent; don’t make any statements.
- Always insist upon your right to call or speak to a lawyer.
- Never take a breathylyzer test,
- Never take any field sobriety tests.
- Politely tell the police officer that you do not volutarily consent to a search of your person, your car, your home or any other property.