Legal Question in DUI Law in Oregon

dui

going to trial, officer failed to perform ua test corectly. lab testing sample didnt follow procedure.

Asked on 6/22/09, 4:54 pm

1 Answer from Attorneys

Jeffrey Bassett Jeffrey P. Bassett, Attorney
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Re: dui

You haven't asked a question. However, from the above, I would caution that, while a motion to suppress introduction of the UA test results might be granted, that, depending on the charge, doesn't necessarily preclude the prosecutor from proceeding with charges. As an example: let's assume this was a DUI and it was the BAC that was being introduced, but a motion to suppress was granted because the officer failed to follow procedures in some manner. That would prevent the prosecutor from proceeding on a DUI trial on grounds that your BAC was a .08 or over. However, the prosecutor could still attempt to show that, regardless of the absence of a BAC, there was evidence that your driving was appreciably affected by drugs/alcohol. For example, driving pattern (swerving all over the place), Field Sobriety Tests (couldn't perform a heel to toe, kept stumbling off the line), video (driver slurring speech, swaying side to side). Without knowing the particulars of your charge, I can only state that the suppression of a result, while harmful to the prosecutor's case, doesn't necessarily spell victory for the defendant.

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6/23/09, 11:24 am

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