DUI Charge? You can fight it
Posted Friday, May 5, 2017 by Andrew Charles Huff
If you are facing charges for driving under the influence, you must remember that you still have the right to defend yourself. As an experienced criminal attorney in Washington state, I can help you fight this DUI charge. Here are some of the most common issues found in most cases:
Improper Stop-No Probable CauseOne of the most common defenses to a DUI is that the officer did not have a good reason to stop the vehicle. For example, if you were driving the speed limit, not swerving, properly applied the brakes or accelerated, used your turn signals and your tags were up-to-date, the officer’s reason for pulling you over may be improper in the eyes of the court.
Mistakes with the Field Sobriety Tests (FST’s)When a police officer makes a stop for a suspected DUI, he or she will typically administer a field sobriety test. If the officer made mistakes while administering the test or the results were questionable, this could help your case.
Problems with the Portable Breath Test (PBT)Another test that the officer might use is a Portable Breath Test or PBT. However, these results are not admissible in trial in the state of Washington and is only used to establish probable cause. However, if the officer did not administer the test properly or lacked training, the court may completely throw out the results.
Problems with the standard Breath Test Machine (DataMaster)After your arrest, the officer will usually offer you a standard breath test at the police station. We can always challenge the results of these results, including interference issues, improper administration, whether or not you vomited and other factors.
Failure in the chain of custodyThe chain of custody can often result in tainted or missing evidence. If an officer or lab technician did not properly handle the results of your blood alcohol test, or if the results were lost, we could successfully challenge the results.
Changes in blood alcohol levelsIt takes time for alcohol to absorb into the blood stream. It is possible that your blood alcohol concentration was under the limit at the time the officer stopped you. However, by the time you arrived at the police station and the officers administered a blood test, your blood alcohol content could have increased to or beyond the limit.A DUI conviction can have far reaching consequences. If you are facing a drunk driving charge, call my office and let’s talk.
