In the United States of America we have the right to travel freely about without being worried about being stopped by Gestapo like police. As such, in order for an officer to detain an individual that officer must have probable cause. An officer has probable cause to detain or stop an individual when he witnesses a criminal act or reasonably believes a criminal act was committed or is about to be committed. This can be something as simple as a broken tail light.
If an officer detains or stops a person without reasonably articulable probable cause, the evidence obtained as a result of that stop or detention will be deemed “fruit of the poisonous tree” and will be suppressed from the point of infraction on. This means that if the officer pulls you over or detains you without probable cause, ALL of the evidence obtained will be considered inadmissible. If the evidence is inadmissible, the state will not be able to prove the elements to the crime and your defense is complete.
STAGE 2
The second stage of a defense to DUI is the Sufficiency of the Evidence. In most cases, the evidence obtained will include (1) a driving pattern, (2) officer testimony based on field observations of the Standard Field Sobriety Tests (SFT’s), and (3) a breath or blood test.
In most instances the driving pattern will be taped by the officers cruiser mounted video camera. This evidence can either be very helpful or very damning. If the tape demonstrates a driving pattern indicative of a lack of control of the vehicle it will provide probable cause to detain the operator and question regarding DUI.
If it the tape does not show an obvious inability to operate the vehicle safely (which in most instance it does not) then it becomes a point to argue.
The tape will also be useful when evaluating the officer and your performance during the SFT’s. These are tests that have been specifically developed to determine whether or not a person is under the influence and therefore incapable of operating a vehicle safely. If the tests are not administered properly, their evidentiary value is destroyed. The tape will demonstrate whether the officer administered them properly or not. Additionally, the officer’s testimony at the drivers license hearing will serve as evidence concerning the administration of these tests.
Lastly, there is a growing body of evidence that undermines the credibility of the various blood and breath tests currently administered throughout the United States. These tests must be administered precisely as well with regular calibration of the machinery and interval testing.
STAGE 3
The final stage of the defense involves requiring the prosecutor to prove your guilt because despite what you may think, you are innocent until proven guilty. In order to prove that you are guilty of Driving Under the Influence the prosecutor must demonstrate that;
(1) the accused was operating or in actual physical control of the vehicle
(2) the accused is under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the person incapable of safely operating a vehicle
(3) or has sufficient alcohol in his/her body that a chemical test shows that the person has a blood or breath concentration of .08 grams or greater at the time of the test.
In order to determine the blood or breath alcohol content the arresting officer may request a blood or breath test. If you refuse to submit to this test, the state may impose a civil penalty separate and distinct from the criminal penalty. This penalty will result in the revocation of your license for up to 18 months whether or not you are convicted of D.U.I..
The information provided in this packet is intended as information ONLY. This information in no way provides an adequate substitute for legal representation by a trained attorney. If you elect NOT to retain legal counsel you do so at your own peril.
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