Drunk driving charges are some of the most common criminal charges in Portland. Most of these arrests are lawful, but there are cases where the alleged offender does not deserve a conviction or shouldn't have even been stopped in the first place. At the offices of Neal Weingart, Attorney at Law, LLC, you can find a Portland criminal defense attorney with extensive experience fighting DUI charges. I have represented hundreds of cases at trial and am more than qualified to build and present a strong defense on your behalf.
Charges of driving under the influence of intoxicants (DUII) can often be dismissed due to police misconduct. Law enforcement officers must follow strict rules and procedures when it comes to pulling motorists over and subjecting them to BAC testing. Three of the most common areas for police misconduct are as follows.
Unlawful Police Stops
Police officers may not pull a motorist over unless they have adequate grounds to believe that the motorist is intoxicated. They must have been tipped off by a witness, or they must have witnessed signs of intoxication themselves. Common signs of a drunk driver include weaving, erratic braking, speeding, driving in the dark without headlights, and ignoring traffic signs and signals. If a police officer pulled you over without having the grounds to do so, you may be able to have your case dismissed due to an unlawful police stop.
Field Sobriety Tests
After making a legal DUI stop, an officer may ask a motorist to perform certain actions to help determine whether or not they are intoxicated. The Standard Field Sobriety Tests (SFST) include the Horizontal Gaze Nystagmus (HGN), the Walk-and-Turn (WAT), and the One-Leg Stand (OLS). If an officer makes a mistake when conducting these tests or claims you failed when you did nothing wrong, you may have grounds for defense against your DUI charges.
Breath & Blood Tests
Most people think they have no defense if they take a breath or blood test and the result is positive, but that is not always true. Breathalyzer machines must be carefully calibrated before each use. Otherwise, the result may be a false positive for intoxication. Blood test results could also be thrown out due to contamination or mixed specimens because of a laboratory error.
Contact a criminal attorney from my firm today if you have been arrested for driving under the influence. As a skilled trial lawyer, I have taken numerous criminal defense cases to court and obtained reductions or dismissals of my clients' charges. A DUI conviction could have a lasting effect on your finances, your driving record, and your criminal record, not to mention your career, so don't take chances. Hire an aggressive DUI defense lawyer from Neal Weingart, Attorney at Law, LLC.