Was there a legal reason to stop and investigate you? Were the field sobriety test done correctly and within NTSA standards? Can you continue to drive even if you did not take the Breath/Blood test? If you lose your license can you still drive to work? Are there any witnesses or a video? What are the strength and weaknesses of your case? Can you avoid a criminal record?

TRAFFIC STOP TIPS

DO:

• BE Polite-BE QUIET
• Show license & Insurance
• Ask “Am I free to go?”
• If so – leave. If not- BE QUIET
• Sign ticket and property receipt ONLY
• If you consent to a breath/blood test, IMMEDIATELY request a second independent test (that is your right)

DON’T:

• Admit to drinking!
• Perform ANY field sobriety test, including the eye test (these are NOT required by law)
• Argue
• Talk or make excuses

WHAT YOUR LAWYER NEEDS TO KNOW TO HELP YOU

Medical conditions, prior injuries, dental problems: all of life’s wear-and tear can be important information for your lawyer to know about to be able to help you effectively. If a potential DUI defense lawyer you are interviewing does not use a questionnaire to elicit all of your medical history, or ask probing questions about your physical condition, you may want to consider a change in counsel.

Certain medical and dental conditions make a subject unsuitable for breath testing. Breath testing machines are supposed to be reading alcohol molecules that come from deep lung air, as this is supposed to approximate the alcohol level of the blood. Unfortunately, the machine isn’t smart enough to know whether the molecules it is reading are coming from the deep lung air, or have been trapped in the mouth, or brought up from the stomach due to a belch or esophageal reflux episode. Dentures, bridges, and other dental work can frequently trap alcohol in the mouth, especially when eating and drinking are occurring together, as is so common in social situations.

Other medical conditions are important for attacking supposedly poor performances on field sobriety tests. These balance and coordination exercises, in which officers attempt to judge someone’s natural abilities by asking them to do unnatural maneuvers can be greatly impacted by prior injuries or conditions. Being flat-footed, having torn cartilage, or any number of physical ailments can impact a person’s ability to perform these unnatural roadside tests.

Whether or not you are currently under a doctor’s care, anyone who stands accused of DUI would be well-served to list all prior injuries, significant illnesses, accidents, or medical conditions for their lawyer to consider. While no one enjoys enduring life’s sometimes hard knocks, all of us experience them, and these conditions, sometimes hold the key to hearing the two sweetest words in the English language: “Not Guilty.”

POTENTIAL SOURCES OF ERROR IN BREATH TESTING

• Calibration of the breath machine being off
• Alcohol being trapped in the mouth
• Belching or burping within 20 minutes of being tested
• Medical conditions making defendant an improper subject for breath testing
• GERD: Gastro Esophageal Reflux Disorder
• Official testing protocols not being observed
• Breath test operator not being properly trained, Elevated body temperature
• Fundamental assumptions inapplicable: machine is based on “averages” that may or may not apply
• Breath testing during the “absorptive phase” significantly over-estimates true blood alcohol level (and the absorptive phase can last for hours after drinking stops)
• Did you blow into the machine more than once? Did the officer re-set the machine or change the mouth piece

DUI FACT’S YOU PROBABLY DID NOT KNOW

• That body temperature can affect the breath test results.
• That field sobriety tests are optional. If you took them, it’s only because you submitted.
• That blood samples can ferment, and create artificially high alcohol reading.
• That a DUI conviction will cost you more than $10,000.00 over the next three years.
• The court could order you to have ignition interlock device installed in your car.
• There are alternatives to some or part of a jail sentence with electronic monitoring and community service.
• That if you hire a lawyer, in some cases the lawyer can appear in court for you while you go about your normal everyday life.
• Each shot of liquor, glass of wine, or mug of beer raises your BAC and average of .02%.
• If you have a license from another state it will be up to that state to suspend your license.
• If you refuse to take a blood or breath test after you’ve been arrested the court could still suspend your license if found not guilty of the DUI.
• You will be required to file SR-22 insurance if you get convicted of a DUI or violation of implied consent and get a restricted license.
• There are different levels of DUI School depending on the assessment, and what offense DUI it is.
• That only a DUI conviction mandates a loss of license and alcohol school and lesser charge that is negotiable.
• Not all DUI arrest result in DUI convictions, many settlement alternatives are available.
• You have a right to a jury trial in a DUI case.
• To be convicted at trial, all 12 jurors must be convinced in your guilt beyond a reasonable doubt. If even one juror votes in your favor, you cannot be convicted.
• According to breath machine manufacturer, there is a margin of error in breath testing equipment.
• The arresting officer is required to continuously observe the subject for the twenty minutes immediately before the breath test, to make sure the subject doesn’t burp, or place anything in there mouth.
• The legal limit used to be .15 before it was dropped to .10, and then reduced again to .08?
• Most car rental companies won’t rent to someone with a pending DUI case or with a restricted license. Your best bet is with a small “mom and pop” car rental company, and not the big national brands.
• That a tongue piercing can cause an inaccurate breath test reading by trapping alcohol in the mouth.