| Was there reasonable cause for your DUI stop? | | | | defense can attack the state's evidence by proving |
| In order for a police officer to stop a driver he must | | | | faulty test administration or test equipment. |
| have probable cause to believe that you have | | | | Can the state show that you were the driver of the |
| committed a crime (such as driving while intoxicated or | | | | car? |
| driving under the influence of alcohol). If the police | | | | If you were standing outside the car or merely sitting in |
| officer witnessed you swerving across lanes, running a | | | | the driver's seat without the keys, then we can |
| red light or some other form of reckless driving and he | | | | challenge the state's evidence that you were |
| had probable cause to stop you, then he may ask you | | | | Operating While Intoxicated (OWI). Perhaps you were |
| to take a blood alcohol test (BAC) to determine if you | | | | just parked in a parking lot to sleep for the night and |
| are intoxicated. | | | | the police charged you for operating while intoxicated. |
| Can the state prove you were intoxicated? | | | | We will collect all necessary facts and evidence to |
| In most states, a person driving a vehicle with blood | | | | prove your innocence. |
| alcohol concentration (BAC) of.08 or above (will vary | | | | Can your defense lawyer prove the results of your |
| by state) can be charged with DWI (Driving While | | | | blood or breath test were inaccurate? |
| Intoxicated). Police officers have many methods at | | | | If your blood alcohol content (BAC) was collected by a |
| their disposal for proving that you were intoxicated: | | | | breath or blood test after a DWI/DUI traffic stop, you |
| breathalyzer tests, blood tests, urine tests, field sobriety | | | | can challenge the accuracy of the test. There is a |
| tests, and eyewitness accounts. | | | | growing body of evidence that supports the frequent |
| Roadside breathalyzers are notoriously inaccurate and | | | | inaccuracy of these tests. If there was something in |
| can be proven flawed. Field sobriety tests are another | | | | your mouth during the time of the breath test, it could |
| form of "evidence" that is often inaccurate. These | | | | be flawed, the testing equipment may be flawed, the |
| tests do not take into account a number of factors | | | | sampling method of may not have been performed |
| including your age, poor balance, any medications you | | | | appropriately, or the person administering the test may |
| were taking, or your stamina at the time of the test. | | | | not be properly trained. There are many cases where |
| Eyewitness accounts can also vary from person to | | | | the results of a BAC test were inaccurate and cannot |
| person and are often successfully challenged. | | | | be used in court. |
| Even if your tests showed that you were intoxicated | | | | Are the DWI drug charges against you supported by |
| while driving, there are many ways in which the | | | | the right scientific evidence and expert analysis? |