Facing the charge of Operating Under the Influence (OUI) may be life-altering and frightening. The assumption that most would have is that it is all over when they fail a breathalyzer or a field sobriety test is not the case. An expert OUI attorney has the knowledge of the fact that such tests are not always correct and that these tests can be defended against using some strategic legal arguments.
This paper describes how an OUI lawyer in Portland, Maine can challenge the accuracy of these examinations and defend you on the way through the court proceedings.
- The Readings on OUI Charges and the role of an OUI Lawyer.
OUI is the charge that is indicated when a person is charged with the act of driving under the influence of alcohol or drugs. These accusations have severe consequences such as the suspension of license, fines, even incarceration and it is critical to have an educated OUI defense attorney on your side.
The primary intention of an OUI attorney is to analyze every aspect of the arrest and make sure that the officers acted within the legitimate standards. In case one of the stages of the process was not handled properly, it may undermine the prosecution considerably.
- Showing the Accuracy of Breathalyzer Tests.
Breathalyzer is another test that has been widely used to identify the blood alcohol concentration (BAC) of a driver. There are however various reasons that result in false readings. The results of the test will be investigated carefully by an experienced OUI lawyer, who will determine whether the results are really reliable.
The most frequent problems leading to an inaccurate reading of a breathalyzer are:
ü Poor calibration of breathalyzer machine.
ü Absence of training of officers on the proper use of the device.
ü Medical conditions that include acid reflux or diabetes that impact breath samples.
ü Remaining alcohol of mouthwash, medicine or recent use.
ü Environmental interference such as temperature or radio frequency of the device.
When any of these problems are proven, then your OUI attorney may request the motion of suppressing the breath test results which may result in dismissal or charging reduction.
- Uncovering the weaknesses of Field Sobriety Tests.
The walk-and-turn or one-leg stand are examples of field sobriety tests which are likely to be subjective and influenced by the personal judgment of an officer. Fatigue, nervousness, uneven surfaces, bad weather or even medical conditions may influence the performance of a person and not alcohol impairment.
A skillful OUI defense lawyer understands how to question police officers and reveal their inconsistencies in the observation. They can also provide evidence of unfair conditions under which the test was carried or failure of the officer to adhere to the standardized procedure.
- Applying Review of Evidence and Expert Witnesses.
In other instances, your OUI attorney can invite expert witnesses, including toxicologists or breath test experts, in order to examine the evidence. These specialists will be able to testify to potential mistakes of testing, the adequacy of the test device applied, or how some circumstances might have influenced your results.
Also, your attorney will go through all the police records, videotapes and procedures books to determine any infraction to your constitutional rights.
Conclusion
A failed breathalyzer and field sobriety test do not necessarily lead to a conviction of OUI. Having the correct approach to the law, a qualified OUI attorney is able to find the flaws in the testing procedure, call into question the admissibility of the evidence, and strive to achieve a desirable result.
Knowing the science and process of these tests, your OUI defense attorney will be in a position to defend your rights, reduce the sentence, and move on with your life.
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