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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.

Hiring a Eugene DUII Lawyer

DUIs are serious charges that can be daunting to face alone. Hiring a Eugene criminal defense lawyer with proven success in these cases is crucial. The attorneys at Veralrud and Fowler are well versed in the law surrounding DUIs and are more than qualified to defend you. We will work tirelessly to form an iron clad defense tailor made to your unique case. The lawyer you hire from our firm will work tirelessly to see that you are fairly treated by the justice system. It’s time you had an advocate in your case. Call Verlarud and Fowler and gain a strong legal defense.

Related Topics: Eugene DUII FAQ’s What to do if Stopped DUII Diversion

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975 Oak Street, Suite 798

Eugene, OR 97401

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

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