Archive for January, 2010

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.