How to Beat a DUI in Oregon

Oregon, like many states, has strict DUI laws in place. It’s essential to recognize the severity of the offense. Mishandling a DUI defense can also lead to hefty penalties, suspension of driving privileges, and even imprisonment.
To address a DUI charge successfully, it’s essential to know your rights and the possible defenses available.
Key Strategies for Case Dismissal
One of the most important things to do if you have been arrested for DUI is to contact a skilled criminal defense attorney. A good lawyer will be able to review your case and identify any potential defenses. Some of the most common DUI defenses in Oregon include:
- Lack of reasonable suspicion for the traffic stop. If the police officer did not have a valid reason to pull you over, your case may be dismissed.
- Involuntary administration of field sobriety tests. Field sobriety tests are not required, and you have the right to refuse them. If you were coerced into taking a field sobriety test, the results may be suppressed.
- Improper administration of field sobriety tests. Field sobriety tests must be administered correctly in order to be admissible in court. If the officer did not properly administer the tests, the results may be thrown out.
- Lack of probable cause for arrest. If the police officer did not have enough evidence to arrest you for DUI, your case may be dismissed.
- Miranda rights not given or improperly given. If you were not properly advised of your Miranda rights, any statements you made to the police may be suppressed.
- Denial of reasonable opportunity to communicate with a lawyer. You have the right to speak to an attorney before you answer any questions from the police. If you were denied this right, your case may be dismissed.
- Failure to advise you of your implied consent rights. When you drive in Oregon, you have given implicit consent to a breath test or blood test if you are arrested for DUI. However, you have the right to refuse these tests. If you were not properly advised of your implied consent rights, the results of the tests may be suppressed.
- Improper breath test procedure. Breath tests must be administered correctly in order to be admissible in court. If the officer did not properly administer the breath test, the results may be thrown out.
- Intoxilyzer 8000 error or failure. The Intoxilyzer 8000 is the breath test machine used by the Oregon State Police. If the machine was not properly calibrated or maintained, the results may be unreliable.
- Incorrect breath test estimate. The breath test machine provides an estimate of your blood alcohol concentration (BAC). However, this estimate is not always accurate. If you can show that your BAC was below the legal limit, your case may be dismissed.
- Unlawful blood test. Blood tests can only be administered with a warrant or consent. If the police officer did not have a warrant to draw your blood, the results of the test may be suppressed.
Choose Southwell Law, LLC
Facing a DUI charge in Oregon is daunting, but with the right approach and expert legal guidance, it’s possible to navigate these choppy waters. Entrusting your case to a criminal defense attorney from Southwell Law, LLC, can make all the difference.
Don’t let the weight of the legal system bear down on you. Take action today. Consult with Southwell Law, LLC for guidance and representation tailored to your unique situation.