The Super Bowl is just a few days away, and while it’s a great day to gather with friends and family to celebrate the final day of football season, the unfortunate reality is that sometimes the fun can be a taken a little too far. Law enforcement will be on the lookout for those that have had too much to drink to drive safely. And while we encourage everyone to use good judgment when assessing your ability to drive safely, if you are stopped for DUI you are entitled to a strong and rigorous defense.
How Can We Defend Your DUI Case?
There are a number of problems that can occur during the course of any DUI arrest. These issues must be understood and identified to present the best and most thorough defense. The following are just a few of the potential defenses that may be used to challenge your DUI charge by Fry & Elder’s Tulsa criminal defense attorneys.
Improper Stop/Arrest:
The United States Constitution prohibits searches and seizures without probable cause. In the context of your DUI case, this means that law enforcement must have a reason to stop you and must establish probable cause before arresting you. If law enforcement has not complied with these constitutional requirements, any evidence they have obtained may be deemed inadmissible and your charges thrown out.
Improper Administration of the Field Sobriety Tests:
The National Highway Traffic Safety Administration (NHTSA) has developed guidelines for standardized field sobriety testing. These standardized tests (walk-and-turn, one-leg stand, and horizontal gaze nystagmus) must be administered and assessed according to NHTSA guidelines. If law enforcement does not properly instruct, demonstrate, and assess these standardized tests according to NHTSA guidelines (or, if officers are using non-standardized tests), the improper tests or results must be challenged before trial.
Faulty Breath Tests:
In addition to problems with the stop or field sobriety testing, law enforcement may perform flawed breath or blood testing. Broken or misused equipment, medical conditions, mouth alcohol, and failure to follow proper procedures are just a few of the issues that can affect your blood alcohol content (BAC) reading. Because these results, even if faulty, will used against you by the prosecution, any breath or blood test result must be thoroughly investigated to determine if any improper testing procedures may have inflated your BAC.
Being charged with DUI can carry serious personal, financial, and employment consequences. The experienced Tulsa criminal defense attorneys at Fry & Elder will work hard to make sure you have the best possible defense to guard against these dramatic consequences.
About the Author
Matt Dodd comes from a lineage of decorated and accomplished lawyers and is licensed to practice law in Montana and Utah. His Montana law offices are located in Bozeman and Big Sky where his practice focuses on:
Contact Matt Dodd today to learn more about his practice.