Your Defense in Failed Breathalyzer and Blood Tests
If you are stopped for suspicion of drunk driving, the officer is looking for evidence that can be used to arrest you from the moment they pull you over. Law enforcement officials go through specialized training to identify indications that you are under the influence of alcohol and/or one or more other intoxicants and they have specific methods that they use to build their case against you.
The Field Sobriety Tests
During the initial conversation, the officer is looking for certain indicators of intoxication, such as fumbling with your wallet, bloodshot or glassy eyes, an odor of an alcoholic beverage, and slurred speech. If the officer believes one or more of those indicators are present, she or he will ask you to perform a series of field sobriety tests.
There are three nationally standardized tests, and the officer is trained to watch for certain "clues" that can be interpreted to be evidence of physical impairment. Your performance on these tests may or may not be documented using video or audio recording devices. If the officer believes you are intoxicated, you will be arrested.
Incorrect or unlawful actions, statements, or other decisions of the officer can be cause to have the case against you dismissed. It is important to have these actions and decisions reviewed by an experienced attorney. We can assist you in determining whether your case should be dismissed under the law.
The Breathalyzer Test
Once you have been transported to a law enforcement facility you will be asked to blow into an intoxilyzer machine. Under certain circumstances, the officer may seek a sample of your blood for analysis. If you are found to have a blood alcohol content of .08% or higher, Oregon law dictates that you have committed the offense of DUI, or driving under the influence of intoxicants.
At the Hohbach Law Firm, LLC, in Lake Oswego, we have extensive experience in all types of DUII cases. If you have failed a Breathalyzer or other BAC test, we can help you fight the charges. Attorney Sue Hohbach is a former Washington County prosecutor who has studied DUII laws, has spent numerous hours becoming educated about the proper administration of field sobriety tests, and who has been especially interested in DUII cases both as a prosecutor and as a defense attorney. She has a keen insight into how the Breathalyzer tests are administered and what happens when the test is failed.
Attorney Lain at Hohbach Law Firm investigate the accuracy of the equipment, the qualifications of the person administering the tests, the manner in which the tests were administered and many other issues. When you hire our firm, we do everything in our power to preserve your rights and your freedom.
Discuss Your Case With a Lawyer
Contact our office today to discuss your case. We are available by appointment during regular business hours. You can reach us by phone at 503-697-7755 or via e-mail.
We represent clients throughout the greater Portland area in a variety of complex legal issues. We focus our practice on the areas of family law, criminal defense and civil litigation. We dedicate ourselves to helping our clients obtain the best possible outcome in every case.
