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Eugene, Oregon – Criminal Defense Attorney – DUII 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.

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Poorly maintained or even old and out of date equipment can also alter a blood test.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.

These are only a few of the defense strategies that your Eugene criminal defense lawyer can use in your case. At Veralrud and Fowler we will work tirelessly to form a defense based on the unique factors in your case. Our years of experience working as criminal defense attorneys uniquely qualify us to work as your legal representation. Call Veralrud and Fowler today, and rest easy knowing you are in qualified hands.

Related Topics: Know Your Rights Criminal Defense Info

Give Us a Call at 541-345-3333 for a Free Consultation About Your Case or Send Us an Email Below

975 Oak Street, Suite 798

Eugene, OR 97401

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

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