When many divers get a DUI, the first thing they do when they are released from jail is to get on the Internet. They start doing research to see what the consequences of a DUI are. Then, they start looking at defenses. For example, how can you beat a DUI? Especially when the BAC is .08 or greater?
Common DUI Defenses (That Don’t Work)
Some DUI defenses are no more than urban legend. For example, in 2003, the stars of Discovery Channel’s Mythbusters– Adam and Jamie– tried various ways to fool the breath test as part of their “Beat the Breath Test” episode. They tried the following techniques:
- Eating breath mints (negligible effect on the breath test estimate)
- Eating an onion (negligible effect on the breath test estimate)
- Holding a battery in one’s mouth during the test (negligible effect on the breath test estimate)
- Holding copper coins in one’s mouth during the test (negligible effect on the breath test estimate)
- Applying denture cream before the test (this actually caused the breath test estimate to go up)
- Hyperventilating before and during the test (this actually caused a 20% increase in the breath test estimate)
- Using mouthwash before the test (this caused the breath test estimate to report near-lethal levels, then they plummeted)
In 2008, crew also tested several alleged methods for sobering up quickly in a segment called “Stone Cold Sober.” Only two of them worked marginally:
- Vigorous exercise for about five minutes, and
- Slapping the drunk person in the face. Ouch.
DUI Defense Strategies That Work
First, it’s important to understand that DUI defenses don’t work unless they are rooted in facts, the law, or science. Also, DUI charges aren’t about fairness, right vs, wrong, whether you’re a good person who deserves a break, or whether you were only a block from your house when you were stopped and arrested. DUI is a strict liability offense in Oregon. Therefore, your mental state is irrelevant. Also, buckshot wins more DUI cases than Howitzers. Meaning, it’s often the blast of little things rather than one big issue that can often be most successful in DUI defenses. Loopholes, technicalities, and obscure
Examples of defense strategies that work in Oregon DUI cases include– but are not limited to:
- No Evidence of Driving or Operation
- Lack of Reasonable Suspicion for a Traffic Stop
- Involuntary Administration of Field Sobriety Tests
- Improper Administration of Field Sobriety Tests
- Lack of Probable Cause for Arrest
- Miranda Rights Not Given or Improperly Given
- Denial of Reasonable Opportunity To Communicate with a Lawyer
- Failure to Advise You of Your Implied Consent Rights
- Improper Breath Test Procedure
- Intoxilyzer 8000 Error or Failure (see our page on error messages or exception codes)
- Incorrect Breath Test Estimate
- Unlawful Blood Test
- Contaminated Blood Test
- Rising Blood Alcohol
- Medical Conditions
- Insufficient Evidence of Intoxication
- Take Diversion and Get Your Dismissal
Hire an Experienced DUI Attorney
For these DUI defenses to work, you’re going to need experienced DUI attorney. Gather all your paperwork related to the investigation and arrest. Then call our office to discuss how we can help you.