People call me all the time with this question. Usually, I'm asking them about the facts of their case, and I start talking about the importance of what happened at the scene. The future client will freeze at some point and just say something to the effect of, "I did it. I don't see how I can fight it." Well, that's why you're calling a lawyer.
Sure, these cases can be hard. But it is also hard to prove a case beyond a reasonable doubt. That's the state's job. It is not your job to prove that you are innocent. I will never try to convince a jury that a client is innocent. The bar would be way too high. In every case that ever goes to trial, it is my job to explain to a jury that the state has a burden to meet and they've failed to meet that burden.
First, the breath test is just an estimate. Oregon law allows jurors to come to their own conclusions about the trustworthiness of the breath test. It's just an estimate and it's not infallible.
In addition, the state usually tries to prove that the defendant was impaired, in addition to being over the legal limit of 0.08 % Blood Alcohol Content. If they try to prove that you were legally impaired, it's my job to raise a doubt about that. One way to do so is to point out the inherent flaws in the field sobriety tests. I don't think juries put much stock in those tests, and they are absolutely worth attacking.
Besides for pointing out that the state fails to prove their case beyond a reasonable doubt, it's also my job as a defense attorney to suppress evidence. Did you know that if a police officer violated the constitution in gathering evidence against you, it cannot be given to a jury? Did they read your rights to you? Did they have probable cause to pull your car over? Did they allow you to call a lawyer if you requested to do so? As an experienced DUI defense attorney in Oregon, I will explore all available constitutional angles in your case to determine whether a jury should even hear the evidence the state gathered in your case. If it was gathered unlawfully, a jury will not hear it.
So, if your breath or blood test was over the legal limit, give me a call. These cases are not easy for any attorney. You need an experienced Oregon DUI defense attorney who can explore every angle in your case for a victory. Call now for a free consultation.