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Eugene, Oregon DUI Defense Strategies

Are you facing driving under intoxication charges? If the answer is yes, it’s time that you hire a qualified Eugene criminal defense lawyer. At Verlarud and Fowler we have successfully defended numerous clients against DUI charges and would be honored to go to work for you. We will provide you with a Eugene lawyer well versed in DUI law. While every DUI case is different there are some common strategies that can be employed to build your defense. 

Challenge the Accuracy of the Breathalyzer Results

If a breathalyzer is not well maintained the results can be inaccurate. A breathalyzer must be properly calibrated, cleaned and have regular maintenance checks. A poorly taken care of breathalyzer may have fluctuating results that may show a blood alcohol level reading higher than your actual levels.

User error can also be a factor in an incorrect blood alcohol level reading. Whether it is poor training, carelessness, or inexperience the officer giving the breathalyzer test can alter the results by performing the test inaccurately.

With the help of your Eugene criminal defense lawyer you may be able to form a defense by challenging the results of the breathalyzer test.

Eugene DUII Attorneys Explain Breathalyzer Tests

Did you fail a breathalyzer test and are now facing a DUI? Hiring a qualified Eugene criminal defense lawyer is the first step you should take. At Veralrud and Fowler we have defended an untold number of clients facing driving under intoxication or DUI charges. Just because you failed a breathalyzer does not mean that you are automatically guilty of a DUI. You are, in fact, innocent until proven guilty and there are several defense strategies that can be used to challenge the results of your failed breathalyzer test.

Oregon police officers employ the use of the Intoxilyzer 8000 breath test machine. This breathalyzer must be properly calibrated and maintained on a regular basis. If the officer in charge of the breathalyzer has failed to maintain it and administer proper calibration the results of the test could show a reading higher than your actual blood alcohol content level. The Eugene lawyer you higher may be able to show that the breathalyzer used on you wasn’t in proper working order.

When an officer administers a breathalyzer test there are procedures or statutory requirements that must be followed. These requirements are put in place to ensure the accuracy of the results. If an officer has failed to adhere to the statutory requirements the test results could be deemed inadmissible in court and unable to be used against you. The Eugene criminal defense lawyer you hire should check to see that procedure was complied with when your breathalyzer test was administered. If not, the charges against you could be dropped.

Alcohol does not immediately absorb into your blood stream. It takes time. It is possible that at the time you were driving the alcohol wasn’t fully absorbed into your system. This means that you were initially sober at the time you were pulled over. If the breathalyzer test was administered well after you were stopped by police the alcohol may have had time to hit your blood stream. Once the test had been administered you were over the legal limit though at the time you were driving you were sober. The Eugene lawyer representing you could argue that at the time you were driving you were legally sober but when the test was administered much later the alcohol had finally reached your system. If your attorney can prove this the charges against you may be dropped. This is harder to prove but a valid defense strategy.

Challenge the Results of a Blood Test

Blood tests are considered to be the most accurate way to determine a blood alcohol level. However, there are ways to fight against this test. An inexperienced or unqualified technician can affect the results if the blood is improperly analyzed. Failure to adhere to strict procedure when determining the blood test results can give an incorrect blood alcohol level reading.

Poorly maintained or even old and out of date equipment can also alter a blood test. The technician may perform the blood analysis perfectly but if the equipment is compromised so are the test results.

The blood testing process has several stages and a chain of custody must be maintained. There should be a record of where and to whom the blood has been transferred. If a transfer is failed to be recorded or even recorded inaccurately the blood test results may be deemed inadmissible in court, and unable to be used against you.

The Eugene lawyer you hire may be able to defend you by arguing against the accuracy of your blood test or by proving a breach in the chain of custody. Either defense could be crucial in having the charges against you dismissed.

Failure to explain Implied Consent Law

In Oregon, when a licensed driver is placed under arrest for suspicion of DUI the officer can request that they take a breathalyzer test. You have the right to deny taking the test but you will have your license suspended. The officer cannot force you to take the test and must inform you of your rights under the Implied Consent Law. Failure to inform you of your rights can lead to the results of the breathalyzer test being inadmissible in court.

The Eugene lawyer defending you may be able to build your defense starting with the Implied Consent Law. Failure to inform you of your rights under the Implied Consent Laws is a serious infraction.

How Can a Eugene Defense Lawyer Help with a DUI?

A DUI can be one of the most life-changing events a person might experience. Beyond any effect a DUI conviction might have on your driving privileges and insurance costs, the consequences of having been convicted of DUI can be felt for years to come. Having a DUI conviction on your record may make it difficult or impossible to get some jobs… it might even hinder you from entering into a rental agreement. In the event you are charged with DUI, it could save you tons of money and hassle in the long term by hiring a Eugene defense lawyer experienced in DUI. At Veralrud and Fowler, we have years of combined experience in these sort of cases.

Can a Eugene Criminal Lawyer Tell Me Whether to Plead Guilty?

One big advantage of hiring a defense attorney who is familiar with DUI and experienced at litigating these kinds of cases is their ability to advise you whether to plead guilty or innocent depending on the facts at hand. Eugene defense attorneys Veralrud and Foster know what your chances look like. They have handled dozens of DUI cases.

Sometimes pleading guilty is the right choice. If your DUI included erratic driving, personal injury or property damage, excessive speed, or other aggravating factors, it may be more difficult to convince a jury of your innocence. A guilty plea offers the opportunity to receive a diminished sentence and saves you money in trial costs and attorney’s fees.

Multiple Offenses

If you have been charged with DUI multiple times, it is imperative you hire an experience Eugene criminal defense lawyer. In the last thirty years, penalties for driving under the influence have become harsher and harsher. Additional incidents only add to the severity of penalties a judge might issue. In the case of an offense beyond the first DUI, financial penalties will be assessed and incarceration becomes more and more probable.

How Can a Eugene defense Lawyer Help Me Get a Better Sentence?

A knowledgeable and experienced Eugene DUI lawyer understands the intricacies of DUI law. This experience can help you receive reduced penalties during sentencing. Before you ever enter your plea, your criminal defense attorney will work hard to make sure it’s the right one. Although a guilty plea may result in a reduced penalty during sentencing, it could also put you in a position where you are admitting to a more serious crime. In situations where aggravating factors exist such as reckless driving, car-versus-person collision, or resisting arrest, it might be worth pursuing a trial to establish innocence. Your Eugene criminal attorney will understand when it’s worth it to fight a DUI charge and when it makes the most sense to plea out.

Related Topics: Know Your Rights Criminal Defense Info

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975 Oak Street, Suite 798

Eugene, OR 97401

Phone  (541) 345-3333
Fax  (541) 342-1908

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