Building your DUI Defense is critical.
DWI cases are complicated, but police make mistakes which can be attacked and understanding this is critical to your DUI Defense. A successful attack could result in all of the evidence being thrown out and the dismissal of your case, or at least the breath test results get suppressed, or kept out of evidence, making the State's case much more difficult. These issues would also apply to the Civil Suspension case where, for example, showing that the breath test results were inaccurate or that the officer made mistakes in collecting the breath sample, could result in the Judge letting you keep your license or out of State driving privileges.
So when we sit down together and review your case, here are the issues I would be looking at. I might not know for sure whether a particular issue is a winner until we get the videotapes of your arrest and processing. However, I will have a pretty good idea once we have reviewed the case what the key issues are.
In The Car When Police Arrived?
- Were you in your car when the police arrived?
- Was the key in the ignition?
- Could the police prove that you were driving at a particular time?
- If you were in an accident, had you consumed any alcohol in between the crash and when the police arrived?
- Did the officer have reasonable suspicion that you were driving illegally?
- Were you stopped because of an equipment violation, or some type of erratic driving?
- How accurate is the officer's report based upon lighting, weather conditions, traffic, and so worth (remember the officer only needs reasonable suspicion and not probable cause to stop your car).
The Exit Order
- Did the officer have reasonable grounds to order you out of your car?
- Did he hear, see, and/or smell any indicators of impairment and not just consumption, such as a combination of bloodshot watery eyes, the odor of alcohol, slurred or confused speech, admission of drinking, and so forth?
- Did the officer only mention why he ordered you out of the car after you got out of the car?
- Vermont law requires that an officer have some type of suspicion of criminal wrong doing and not just a traffic violation to order you out of your car.
- How did you perform on the roadside exercises? Did you perform the roadside exercises on snow or ice and slippery conditions?
- Are you age 65 or over or have some kind of injury or physical disability which compromised how you did on the roadside exercises?
- Were you doing the exercises on a slope?
- If you provided a roadside breath test, did the officer tell you to blow instead of asking you to do so?
- Note that if you did blow on the side of the road, this is different than the breath test you will be asked to give inside the police station!
- You can be arrested even if you provide a roadside breath test which is under the legal limit of .08%. However, the further below that number you blow, the harder it is for the officer to justify probable cause to arrest you.
- Please view our DUI FAQ Section for more information Vermont DUI.
Any testimonial or endorsement, or case result stated in this post, is not a guarantee, or warranty, or prediction regarding the outcome of your case. Client testimonials and case results set out in this post are specific to the factual and legal circumstances in those cases, and do not guarantee that the same results would be obtained in your case. The information you obtain from this post is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.