Being charged with driving under the influence of intoxicants in Oregon will inevitably lead to concern about the future. Not only can it result in jail time and financial costs, but it can negatively impact a person’s professional and personal life.
Often, there is a perception that DUI charges are difficult to fight. However, there are effective strategies to combat DUI allegations. One is questioning the breath test.
Avenues to do this successfully could include asking if the individual giving the test was qualified and trained to do so, if the equipment was approved and if it was certified for accuracy. Along with other ways to address the charges, this could help with a positive outcome in the case.
Those charged with DUI should scrutinize the breath test and the equipment
There are rules for alcohol breath testing with the machine and its use. For example, the chemical analysis must be done on a machine called the Intoxilyzer 5000. The chemical analysis on this machine must adhere to specific protocols and procedures. Operators must be adequately trained and certified to give the test.
The Oregon State Police or instructors that have been approved by OSP give a course as to how to give the test on this machine. They must take a written examination and pass it with at least 80%. They will then be given a permit by OSP that states the equipment and the method they are qualified to use.
The machine itself needs to be tested for accuracy. The OSP will have a trained technician test its accuracy and certify it. When the officer gives the test, the tester making sure that the suspected DUI driver did not take anything into their mouth by drinking, smoking, eating, vomiting, using medication or regurgitating liquid for a minimum of 15 minutes prior to the test being given.
There will be two breath samples given as part of the test. This is a single sequence. After telling the alleged DUI driver how to participate in the test, there is a continued observation period with the same requirements as those listed above.
Drivers facing DUI charges should explore every possibility as part of a defense
Along with wondering whether the traffic stop was justified or if there are legitimate reasons to call the DUI charges into question because the driver was not under the influence, asking whether the basic rules were followed with the test itself can help with a DUI defense. Anyone charged with DUI should have experienced, skillful and aggressive help to deal with these allegations and strive for a positive result.