Evidence Against You

Beaverton Challenge DUII Blood Test Field Sobriety Attorney

The police will use anything they legally can against you to get a DUI or DUII conviction. I am attorney Shelley L. Fuller, and I am committed to defending clients accused of DUI in Portland and the surrounding areas. I understand how the police employ evidence in DUI cases. I also know what to look for to raise doubts about evidence to have it excluded from your case.

If you need immediate help, call me at 503-626-1808.

Portland DUI Case Attorney — Your Case. Your Life. Your Lawyers.

Police look at a variety of factors when pulling over a suspected drunk driver:

• The first thing that police officers often notice is a driving infraction, such as you speeding, driving too slow or weaving in and out of lanes.
• Once officers have alerted you to the need to pull over, they are watching how you pull over. Are you jerking to the right and causing a traffic hazard? Are you taking too long to pull over?
• When you roll down the window, they are smelling the air of the car. Does it smell like alcohol? Marijuana? Cigarettes?
• They are paying close attention to your physical attributes. Are your eyes glassy or watery? Is your clothing disordered?
• They are listening to your speech and how you talk. Are you slurring your words or talking normally?
• When you get out of the car, they are studying how you move. Is your movement clumsy? Swaying forward or backward?

Field Sobriety Tests and Breathalyzer (BAC) or Blood Alcohol Tests

Once police have a legal basis to believe that you are driving while impaired, they will then ask you to take field sobriety tests. These tests are voluntary in nature and you do not have to do them. If you participate in field sobriety tests, this will be used against you. Depending on whether you take the tests and whether you pass or fail them, the officer will either release you or arrest you and ask you to give a breath sample for analysis. If your breathalyzer results are 0.08 percent or higher, this evidence will be used against you.

If the police are asking you to do Field Sobriety Tests, they have already decided they have enough evidence to arrest you.

Review All Evidence

We will review every piece of evidence that led to your arrest and being charged with a DUII. We will investigate other explanations for the test results. For example, do you have a medical condition that causes you to lose your balance? Are your eyes always glassy? Did you perhaps drop something and needed to pick it up and that caused you to drive jerkily? A little known fact: plenty of people fail field sobriety tests, even sober people.

Blood Alcohol Challenge

When a BAC test is administered, the equipment sometimes malfunctions or proper procedures are not followed. I will also look at the lag time between the time that you were pulled over and the time that you were given the test, because during that time your blood alcohol will be either going up or going down, and that can affect the result of the test too.

See our other relevant pages: Implied Consent — DUI consequences — Know Your Rights

Schedule a Consultation With an Experienced DUII Attorneys: 503-626-1808 | Email

Having an experienced attorney on your side can make all the difference in the world. Call today for answers and protection.