How to Beat a DUI in Oregon
A DUI charge may seem like the end of the world, but there are ways you can get around the charge. By working within the law and finding ways to discredit evidence, the higher ground can be achieved. The first step to any legal matter however is to find a lawyer, especially in more serious matter such as a DUI charge.
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Instructions
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How To Beat A DUI in Oregon
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Find a lawyer who specializes in DUI cases or an established local lawyer.
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Check the videos. Monitoring room videos in police stations can invalidate official statements of intoxication if the videos clearly show a well composed, well spoken suspect where statements from officers or other witnesses say otherwise. Squad car videos may also be of use. If a field sobriety test is good on squad car video, the officer cannot say otherwise.
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Find out how the sobriety test was conducted. In Oregon, both standard and non-standard field sobriety tests are widely inaccurate. One breath test is not sufficient in Oregon. America's DUI Defense Attorneys say that "Breath testing is subject to various inaccuracies, including a variance as much as +/- 12.5%."
The tests can also be thrown out if they were performed improperly. An improperly performed field sobriety test would involve asking one stopped for a DUI test to perform a non-standard field sobriety test such as stating the alphabet or counting backward, or to touch the nose. Improperly performing a standard sobriety test consists of asking one who is medically unable or overweight to stand on one leg and balance or do the walk-and-turn test.
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Attack any BAC blower tests or blood tests. Breath tests can be deemed invalid if the person who administered the test was unlicensed or operating under an expired license or if the machine was not operating or operated correctly. Blood tests are also subject to defeat. A defense attorney can beat a DUI by recognizing errors in a blood sample and having it thrown out. If too much times passes between blood being drawn and blood being tested, the results can be skewed, thus invalidating the test.
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Have expert witnesses review the validity of tests. An expert witness can judge the soundness of a blood or breath test. An expert witness for blood testing would be a phlebotomist who tests blood. A professional or licensed breath test machine operator can evaluate breath test results.
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Tips & Warnings
Avoiding intoxicated driving is the only real way to beat a DUI.
References
Resources
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