If you’ve been busted for a DUI / DWI, chances are that you can get your case thrown out by studying the legal protocols officers must follow, and challenging the effectiveness of the breathalyzer test, blood specimen test, and/or field sobriety test. The unconstitutionality of these DUI procedures and court trials can be challenged, however many are unwilling to open this can of worms, because the implications of this could turn over the entire legal system. An easier approach, is to rip apart the details and find the flaws that will get your DUI case thrown out. I suggest hiring a clever DUI defense attorney that has a long track record for success. An attorney will take the headache away. However, this article will help you out if you wish to fight alone.
It’s fair for moral judgment to be made against people that choose to drive drunk – many have lost their loved ones as a result – but these moral issues cannot stand in the way of Justice. If you’ve received a DUI, take a moment and answer these question:
1. Was Justice being served the day I received my DUI, or was I taking it up the rear from the phallus of a flawed system? If you feel Justice served you, leave this website immediately.
2. Do I believe I was doing anything wrong, or putting anyone in danger, by deciding to drive after partaking in X amount of alcoholic beverages? If your answer is simply no, then fight blood and bones, and don’t let them pressure you into pleading guilty.
Before covering successful defenses people have used to get their DUI cases tossed out, I implore you to hire a DUI attorney. If you can’t afford your lawyer’s car payment, then pull your resources together, and fight without one. This article will inspire you to create a defense.
General Facts That Will Help You Win Your DUI Case
- No Illegal Stops – an officer must have a clear cause for legally stopping a vehicle or seizing a person. Weaving inside of lanes is not illegal and does not warrant an officer pulling you over. You cannot be legally stopped, because of an anonymous report that you were operating a vehicle under the influence.
- No Illegal Searches – police are strictly prohibited from searching a person or a vehicle because of a minor traffic offense. These prohibitions prevent evidence that is illegally obtained, to be used against you in court.
- Request Video Evidence – an officer’s in-squad video can be used as evidence against the officer’s report of a failed field-sobriety-test. Likewise, the booking room video camera can contradict an officer’s claim of slurred speech and poor balance.
Defense Against a Breathalyzer Test in a DUI Case
Experts agree that a breath test alone is not a reliable means for determining blood alcohol level, because of its result variances as well as several other factors that interfere with the device’s accuracy. Here are a few defenses individuals have used to fight the breathalyzer test, and get there DUI case thrown out:
- Breath Machine Operating Protocols Failure – Manufacturers have very specific protocols that must be followed to make breath results valid. Failure to follow these procedures will result in improper readings. You may request the model type, and all information including the software that the breathalyzer system runs on. DUI cases have been thrown out in Florida as a result of a manufacturer’s failure to provide the fundamental source code of these systems. e.g. The company that makes the Intoxilyzer refused to reveal the computer source code for the machine’s software due to what they claimed was a ‘trade secret’. A Seminole County court threw out Muldowny’s alcohol breath test and the ruling was upheld by an appeals court in 2004. This is what cleverness will get you.
- Breathalyzer Malfunctions – if there’s a report of a machine malfunction within a specific time of the breath test, the results will be thrown out in court.
- Unlicensed, or Expired Licensed, Breath Machine Operator
- Unapproved Breathalyzer Device – the breath test instrument must be listed on the Federal List of Approved Breath Evidential Instruments or the results are inadmissible. Portable Breathalyzer units are usually not admissible in a DUI trial; look up your state law.
- Unconstitutionality of the Breathalyzer – if a person is arrested and tried for a DUI / DWI as a result of a breathalyzer test, he or she is denied the basic protections under the 4th and 5th Amendment. In many cases, the right to a jury trial is also violated. Stand up for yourself, bring a copy of the pocket constitution and site this to your judge. Remember, that officers are sworn to uphold the constitution.
The .08% Blood Alcohol Level is not a scientific estimation of intoxication, it’s the result of political pressures from Feminazi organizations like MADD. The American Medical Association made their determination over 30 years ago, which was double the current legal limit. They determined that .15% was a perfectly acceptable BAL for safe driving.
The Best Defense for a Blood Specimen Test in a DUI Case
It’s not unusual for a police blood test to fail while attempting to calculate Blood Alcohol Level. There’s a standard protocol for blood analysis, testing, as well as preservation recommendations that an officer may fail to follow. As hasty and arrogant as officers may be, it would be very easy for them to take short cuts, make mistakes, or forget vital elements for a successful scientific analysis. Many people don’t know that you can have a blood, breath, and field-sobriety test reviewed by an expert.
An ominous fact about hospital blood tests is, on average, hospitals overestimate a person’s actual blood level by 25% while administering these specimen tests on healthy individuals. If an individual has suffered a serious injury, or has medical conditions like diabetes, blood tests can be grossly inaccurate.
Why hiring a DUI defense attorney will help you?
Though blood tests in a DUI case are more accurate than a breath test, there are still several factors that can determine the tests inadequacies in court. Blood tests do not factor in very important variables such as: a person’s weight, rate of alcohol absorption, and metabolism. Your blood alcohol level at the time the officer pulls you over, is what’s in question, not the level the blood alcohol level at the time the test was administered.
Your DUI attorney can order an independent study of the blood sample to make sure there were no errors as a result of contamination, or failure to include certain substances needed for blood test accuracy. Certain questions can be asked like:
- Were enough preservatives used to ensure blood was properly stored?
- Did rubbing alcohol contaminate the blood at the time it was withdrawn?
- Was the vial shaken? The chemicals must mix properly with the blood to give an accurate reading.
Simple blood test operating failures can create dramatic increases in blood alcohol level. An actual BAL of .01% to .03% can show up as a false .07% to .10% reading in test results.
Fighting Ridiculous Field Sobriety Tests in a DUI Case
The standard field sobriety test officers use to determine whether a person is under the influence, is highly inaccurate. For healthy individuals, the walk-and-turn maneuver is only 68 percent effective, and the one-legged balancing act is only 65% effective for demonstrating insobriety. If a person has injuries or any kind of medical condition, is 50 plus lbs over weight, and/or over 65 years old, sobriety cannot be judged according to these methods.
Touching your finger to your nose, saying the alphabet, or counting, is not a valid sobriety test. These methods are what humorously come to mind when envisioning a field-sobriety-test , because they are completely ridiculous and unfortunately very common. They are not a scientific, or legal, way of determining if someone is driving while intoxicated / driving under the influence. According to the National Highway and Traffic Safety Administration, not administering field-sobriety-tests properly makes results inadmissible for evidence in a DUI case.
There’s always a way to create a clever defense. Never plead guilty if you feel you weren’t doing anything wrong. If you have the means, retain a good DUI defense attorney, and take the system by storm.
{ 3 comments… read them below or add one }
Thank you for your website. It is very informative. I was pulled over for failure to wear safety glasses on a motor cycle. The officer said that my sunglasses do not count as proper equipment, and that I had to wear either a helmet or goggles. I took the breathalyzer and it never got a reading, although it tried to register a couple of times. They said that I was not blowing “hard enough” and they wrote me a ticket for failure to submit to DUI testing. If they find me guilty, then what does that say about the state law for wearing safety equipment on a motorcycle? Anyway, keep up the fight against fascism!
I was pulled for no light over my license plate, Ok the cop had his headlights on and coulkd clearly read the plate which he ran came back clean pulled me over ran my license and b/c I had a prior offense he gave my a breathilizer and I blew 1 tenth of 1% over and (.051) and was busted That was in 2001 I have still not gotton my l9icense back b/c I think they are just american Nazi’s on patrol paid by us Comon no light on my license plate!!!
I was riding my fourwheeler at night. i live 45 min away from a hospital. i rolled over and ended up breaking 7 ribs 3 verdabre and tore my mcl. becuase I was able to walk with assistance and get down the mountian to my house i did not go to the hospital. in the morning i called the amublance becuase i could not move. i have a previouse record and am from a small town now i am facing a DUI from my bed. The DUI i got a year ago was for .01 and nothing in my blood servered 124 days. i defenanetly think there is somthing wrong with this.