The Most Common DUII Defenses, Explained

dui attorneys in beavertonApproximately 10.3 million people reported driving under the influence of illicit drugs in 2012, and driving while intoxicated with alcohol is an even more common crime. Even though arrests stemming from DUII allegations happen quite frequently, most of us are convinced it could never happen to us. But the truth is that one poor decision could impact your entire future. If you find yourself arrested for operating a vehicle under the influence, your Beaverton DUII attorney will work hard to defend you in court. They may even prepare a defense that resembles one of the following common ways to fight these allegations.

Improper Police Conduct
We’d all like to believe the police know how to do their jobs properly and follow the letter of the law every single time. Unfortunately, this isn’t always the case. It’s possible that a police officer may have conducted an improper stop when getting you to pull over initially. They also could have failed to follow proper procedures when conducting field sobriety tests. The fact is that some police officers will push the limits to get the result they want. To ensure your rights are protected and that you are treated fairly in the eyes of the law, your DUI attorney will assess all aspects of your case and be by your side to ensure all proper conduct is followed.

Misidentified Intoxication
To secure a DUII conviction, the prosecution must prove beyond a reasonable doubt that you were, in fact, intoxicated at the time of driving. If much of your case was based on an officer’s observations and your failure to perform a field sobriety test, it’s possible that there are actually other valid explanations for your behavior that have nothing to do with alcohol or drugs. Some medical conditions, for example, can create the appearance of intoxication and many medications can skew the results of a breathalyzer test. It’s also possible that you have an injury or disability that kept you from performing well on these sobriety tests before you were arrested. With help from an experienced attorney, you may be able to prove that these medical factors resulted in an improper arrest.

Improper Testing or Storage
In addition to improper police behavior or physical problems, there may have been an instance of improper testing or improper storage of test samples. After you were arrested, you may have been required to submit a blood or urine sample for testing. This sample can be extremely important in your defense. For instance, if this sample was improperly taken (i.e., not within a reasonable time frame or without following documented procedures) or improperly stored, your lawyer may argue that it cannot be used as evidence against you. Your lawyer may be able to argue that this evidence should be thrown out, making a a DUII charge much harder to prove.

These are by no means the only defenses your lawyer might argue, but they’re among some of the most common utilized by experienced attorneys across the country. Because the consequences of an arrest and subsequent conviction can be so severe, it’s important to have help from a reputable DUI attorney if you face such allegations in Beaverton.

To find out more, please contact us today.