Archive for the ‘DUII 101’ Category

When evaluating possible defenses in your driving under the influence of intoxicants (DUI/DUII) case, a experienced DUI lawyer will carefully examine all the evidence produced by the police and in some cases interview witnesses and examine relevant places (bars, a certain stretch of highway) to determine what possible defenses may be available to the accused. Some common DUII defenses include:

DRIVING OBSERVATION DEFENSES
The prosecution often relies on the arrest police officer’s testimony regard your ‘bad’ driving. Police observations of ‘bad’ or ‘intoxicated’ driving include:

• Driving too slow, well under the speed limit.
• Irregular speed. Fast then slow then fast again.
• Weaving. This can be within the lane or between the lanes. Officers will often consider moderate variances between the double yellow and the shoulder line to be ‘weaving’.
• Crossing the center lane.
• Following the car in front too closely.
• Inattentive. Light turns green and you take too long to proceed through the intersection.
• Running lights or stop signs.

The key to attacking these claims is to show the jury that there could be many other explanations for the these driving behaviors other than intoxicated driving. Answering a cell phone, changing the radio, talking to the passengers. Often a good attorney can get the officer to admit that there are many reasons other than impairment that someone may make these types of driving errors.

OBSERVATION OF BEHAVIOR DEFENSES

The officer will usually testify as to the suspect’s appearance and demeanor in an attempt to portray the actions as consistent with impairment. Claims include:

• Bloodshot, glassy, watery eyes
• Slurred or incoherent speech
• Inappropriate remarks
• Stumbling or losing balance
• ‘thick fingers’ when attempting to get ID out of the wallet.

The are many defenses to these observations that don’t have anything to do with intoxication, such as:

• Lack of sleep
• Allergies
• Contact lenses
• Stress related to personal issues
• Medications
• Food recently consumed (hot peppers, sauces)
• Nervousness at the prospect of being stopped by the police
• Physical impairments
• The fact that the officer has never met the accused before and doesn’t know his normal method of walking or talking or behaving.

FIELD SOBRIETY TEST DEFENSES

In every DUII case the police will ask you to perform ‘tests’ known as field sobriety tests (FST) designed to test your mental alertness and physical dexterity. Common tests given are:

• Walk and Turn. Officer watches you as you walk down an imaginary line touching heel to toe.
• Horizontal Gaze Nystagmus (HGN). This is the eye test where the officer has you stand still and follow a pen or the tip of his finger with your eyes. The officer is looking for a ‘pronounced jerking’ of the eye that indicates impairment by alcohol.
• One Leg Stand. Subject is asked to stand on one leg while the officer looks for swaying, hopping, arm raising or other balance issues.

Defenses to the FSTs are similar to the defenses raised with other the other officer observations. Lack of sleep, physical impairments or injury, age, weight, prescribed medications, can all be raised to illustrate that these tests are not easy for ANYONE, even for those who are stone cold SOBER.

As far as the HGN is concerned, an attorney who is well versed in how the test is properly administered can often dismantle a police officer’s testimony. Often the police will have only a moderate grasp of the technical aspects of the test and when cross examined by a well informed, knowledgeable, defense attorney their previous testimony can often crumble as the officer demonstrates his lack of knowledge and ability when it comes to this highly technical test.

DUII Charges

When you get arrested and charged with a drunk driving offense, your next move should be to contact an attorney.  You see, you might not think that you have the potential to get your charges reduced or dismissed but that’s exactly what a skilled Portland DUII attorney can do for you.   Squire Bozorth has represented several clients, with a wide range of charges, over the years and he can help you get the best outcome out of your case.

If you’re convicted in Multnomah county, there are different options that might be available to you versus Clackamas County or Washington County.    Depending on the circumstances of your case, your DUII charges could land you in jail, face community service, DUII Diversion,  fines, alcohol counseling, probation, and/or suspension of your Oregon drivers license.   To give yourself the best chance at beating these charges or getting them reduced, you need to contact Portland DUII attorney Squire Bozorth today.

Portland DUII Attorney

When you retain Mr. Bozorth, he will analyze and examine each detail of your Portland DUI case and will make efforts to create a defense to your charges.  There are many areas that are considered arguable points of a case such as a blood and breath tests where the methods of administration may play a factor in your case.    For example, if the test was not administered properly, this may be grounds for dismissal since your reported blood alcohol concentration may not be fully accurate.   It’s important for your Portland DUI Defense attorney to find inconsistencies or inaccuracies in your case to exploit potential factors to get your charges reduced or dismissed.

Contact Portland DUII Lawyer Squire Bozorth today for assistance in your Drunk Driving case.

Alcohol Impairment Chart

This chart is intended as a guide,
not a guarantee.

Driving Under the Influence (DUI / DWI) is a crime that has recieved an intense amount of scrutiny in the last 30 years by the public, law enforcement and various public interest groups (MADD). Obviously, the best advice is don’t drive while impaired, however the reality is that most people at one time or another find themselves driving after having consumed some alcohol. Nowadays, with law enforcement actively targeting drivers with low blood alcohol content (BAC) as well as the “drunk” driver. The driver who 20 years ago would not have been arrested now finds themselves facing the full force of the law. With that in mind, here are some tips on how to minimize your exposure (and the evidence against you) should you be pulled over after having consumed alcohol.

1. BE POLITE: It always pays to be polite. Many people are instantly defensive when they are pulled over by the police. It is normal procedure for the police to explain why they pulled you over during the initial contact. Best advice is to listen and say nothing in response. Many people want to argue the point right away. “The light was yellow!”, “This car doesn’t go faster than 50 mph!” AVOID THE TEMPTATION. Remember, you have been drinking. If all you get from the encounter is a speeding ticket then you are lucky. If you start to argue you will annoy the officer. An annoyed officer is one that is focused on how to cause you maximum discomfort and increased scrutiny. Also, the more you talk the more you transmit the smell of alcohol to through the air.
2. DON’T ADMIT ANYTHING: We can’t tell you to lie, however it is your constitutional right to not incriminate yourself. Never admit to drinking. Don’t be goaded into telling them where you’ve been, what you ate, or how you would ‘rate’ your level of sobriety. If the officer asks you a question that you can’t or don’t want to answer (ie “Have you been drinking tonight?”) you can remain silent. Does it look weird? Yes. Is your invocation of your right to remain silent evidence of guilt they can use against you in Court? No.
3. DON’T AGREE TO TAKE ‘TESTS’: A request by the officer for you to take Standardized Field Sobriety Tests (SFST or FST) will soon follow. You do not have to take these tests. Be advised, however, that some jurisdictions may be able to enter your refusal to take these tests as evidence against you in court (In Oregon, whether a refusal to take SFSTs can be used against a driver is subject to the police meeting certain conditions. State v. Rohrs sets forth the procedure for the admission of a refusal of SFSTs, however, it is not uncommon that police fail to properly follow its holding). Keep in mind that police rarely ‘pass’ the drivers who take these tests. Even while sober these tests of coordination can be very difficult to pass. The question you have yourself is whether (in the worst case scenario) you want a jury told that you invoked your rights and refused to take the SFSTs or that you took them and failed. Remember, it is HIGHLY unlikely that you will be able to ‘prove’ to the cops that you are O.K. to drive by taking these heavily biased tests. All you will end up doing is spoon feeding the police the evidence they need to convict you.
4. SHOULD I TAKE THE BREATH TEST? This is the hardest decision that has to be made by the driver. In almost all states the DMV will suspend your license for refusing for a period longer than if you take the breath test and fail. Blow .08% or higher, however, and you’ve likely just given the police all the evidence they need to make a DUII case against you. Many states will also use your refusal to take a breath against you in court. If you think you are less than .08% and your license is important to you, you may want to blow. However, that is a big gamble, especially if you are just estimating your BAC in your head. Many people who don’t feel drunk end up blowing .08% BAC or higher. Remember, it’s not driving while drunk, but driving while impaired. Fortuitously, right now in Oregon, there is considerable question as to whether a breath test refusal can be used against a driver in court (or as the basis for an enhanced license suspension) based upon the recent Oregon Court of Appeals holding in State v. Machuca. Read Machuca here. Ultimately, the driver must make the decision based on all the available facts and circumstances (number of prior DUIIs, level of impairment, importance of license). Probably the most important time to request access to a phone to call a lawyer is right before making the decision as to whether or not to blow. Police in most states are required to allow the driver access to a phone at this point. The Law Office of Squire M Bozorth PC is available 24 hours a day, 7 days a weeks to take calls from Oregon drivers who find themselves in this unfortunate circumstance. 503-266-1661 (If after 5pm press ‘1′ to be connected directly to Squire).
5. CONCLUSION: Ultimately, these tips are meant to help the driver by illustrating that by being polite but firm, one can legally avoid incriminating oneself and thereby make the job of collecting evidence against the driver (and thereby building a successful DUII case) much more difficult for the police. If you have already been arrested and charged with DUII in the State of Oregon and you have more questions, call the Law Office of Squire M Bozorth PC today for your free consultation. 503-266-1661