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DUI ARRESTS

In areas near to known locations where people frequent bars, alleged traffic violations are merely a pre-text to test the driver for alcohol violations.

With our experience in litigation and criminal defense we are able to pin point the relevant issues in court and make the best case on our clients behalf.

Breathalyzer Refusal

I frequently talk to people who have plead guilty to a DWI charge based on the advice of some other attorney. They have been told that if they refused the breathalyzer that that's it. Refusal if "consciousness of guilt" and they don't stand a chance. That truly is incompetent advice. I have tried before a jury 10 breathalyzer refusals and have obtained a not guilty verdict in each and every one.

There are many reasons why someone might refuse a breathalyzer other than that they know they are stone cold intoxicated and can't possibly pass. Some of these reasons are as follows:

• Most people have never been tested before. They don't have any idea how intoxicated they need to be to score over .08 on a breathalyzer. Many people incorrectly assume that if they have had more than two they couldn't possibly pass. In fact for an average size man who has had two drinks usually won't result in a BAC of over .02. Assuming that a proper basis has been laid before the jury this fact alone can negate the inference of guilt from a refusal. Put another way a person has no basis legally to assume himself guilty since he has no practical knowledge to understand the legal level of intoxication actually has.
• A person may not trust a breathalyzer to be accurate. Fear of operator errors or fluky results, may cause a driver under suspicion to choose to exercise their legal right to refuse.
• A person may refuse because he believes he has been stopped unlawfully. If that is the case he has no obligation whatsoever to cooperate with police.

Illegal Vehicle Stops

• A pre-textual stop is when an officer uses a minor infraction, such as having expired plates, to investigate an unrelated hunch, for example possession of drugs. During a pre-textual stop, law enforcement officers often ask probing questions unrelated to the stop, such as inquiring whether a person is on probation or parole1. Pre-textual stops are illegal because they circumvent the reasonable suspicion requirement. A lawyer dedicated to your defense get all of the evidence suppressed, leaving no basis to convict you.

Attacking the Breathalyzer

The accuracy of the breathalyzer is directly dependant on the skill and honesty of the operator. There are a variety of complicated tests and controls that need to be followed precisely before the test becomes accurate Our office knows a variety of expert witnesses that can review the procedures followed in the case and bring to light every error that has been made and how it could produce a false result. Please understand that experts can be expensive, on top of any fee's that we would charge.

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