Charged as DUII in Oregon, DUI’s are a common occurrence to good people who sometimes make bad choices. They are also what police investigate every time they perform a traffic stop. So naturally, police sometimes issue DUI’s to people who have not actually committed the crime of DUII. This happens because police are often looking for any clues of intoxication, and when they see one or two, they will usually make an arrest for DUII. This is called confirmation bias. And it has the effect of upending the constitutional right of the presumption of innocence that is guaranteed to us all. Robert Cleland, fights vigilantly to ensure that none of a defendant’s rights under the state and federal constitution are impeded upon. This is his job as a criminal defense attorney.
There are many ways the DUII investigative procedure can be compromised. Field sobriety tests have standardized procedures that must be followed. They are called Standardized Field Sobriety Tests because they must be administered the same way every time according to the guidelines set forth in the National Highway Traffic Safety Administration. When the standards are not met, the test results are in doubt. Remember, even with a DUII charge, the state must prove guilt beyond a reasonable doubt. If you have recently received a DUI in Oregon, it is wise to call an experienced DUI attorney to review the evidence and ensure the police performed the investigation according to the proper procedures.
Likewise, breath test results can be compromised if the investigating officer does not perform his job correctly. Oregon police use the Intoxilyzer 8000 for all breath tests. If the machine is not calibrated correctly or if the officer fails to follow proper procedures, the breath test results can be called into question in court.
If you have recently been arrested for DUII, call DUI Lawyer Robert Cleland at 503-490-7511 for a free telephone consultation.