Legal Question in DUI Law in Oregon


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
0 users found helpful
0 attorneys agreed

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.

Read more
Answered on 6/23/09, 11:24 am

Related Questions & Answers

More Drunk Driving & DUI Law questions and answers in Oregon

Looking for something else?

Get Free Legal Advice

88433 active attorneys ready to answer your legal questions today.

Find a Legal Form

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Form

Featured Attorneys

Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Anthony SmithLawSmithLee's Summit, MO
Scott RiddleLaw Office of Scott B. Riddle, LLCAtlanta, GA
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now