How to Beat a DUI
Effective, Aggressive Kansas DUI Attorney
Here are examples of effective DUI defense strategies that a competent Kansas
DUI Attorney at Martin & Wallentine can employ to help you beat a
DUI and avoid conviction:
- INCLEMENT WEATHER - Snow, rain or other poor weather conditions can make it difficult to perform field sobriety tests and can be sufficient reason for receiving a lower than passing score.
- HEALTH OR MEDICAL ISSUES - An individual could have a medical condition, which may interfere with the various coordinated movements that must be made during field sobriety testing.
- OTHER SUBSTANCES - Certain medications may cause inaccurate readings on a breathalyzer test.
- THE TESTIMONY OF EXPERT WITNESSES - Experts can be brought in to go over the results of chemical testing and field sobriety testing to show why you could have failed for a valid reason.
INSUFFICIENT AMOUNT OF TIME OBSERVING THE ACCUSED - In our state, a person who has been pulled over for DUI must be observed for at least 20 minutes before submitting to a
- BREATHALYZER TEST ADMINISTERED INCORRECTLY - If a breath test was done incorrectly, the results will most likely be inaccurate.
- USE OF PORTABLE BREATH TEST (PBT) - Our state does not allow the use the results of a PBT during a DUI trial.
- FIELD SOBRIETY TESTING DONE INCORRECTLY - Any deviation from the standard way of administering field sobriety tests may be discredited as evidence.
- THE ARRESTING OFFICER DID NOT READ YOU YOUR RIGHTS - When an arresting officer fails to Mirandize the accused, any of the evidence that was gathered after they were taken into custody may be discredited.
- FAULTY BREATHALYZER TESTING EQUIPMENT - Faulty equipment typically will not produce an accurate result. We have defended clients charged with DUI when the breathalyzer wasn't even maintained correctly!
- USE OF VIDEO SURVEILLANCE - A police car or booking station video may show action taken by officers that was not included in the police report, or that contradicts what a police officer said occurred during the arrest or booking of the accused.
- BREATH TEST PERFORMED BY UNTRAINED OR UNCERTIFIED OFFICER - In our state, a breathalyzer test must be administered by an officer that is trained and a machine that is certified.
- NON-STANDARDIZED FIELD SOBRIETY TESTS USED - There are certain tests that may be inadmissible as evidence, or admissible testing results were incorrectly administered, making the results invalid.
- LAW ENFORCEMENT DID NOT HAVE PROBABLE CAUSE TO PULL YOU OVER - Law enforcement must have a valid reason to pull a person over such as weaving, driving too fast or slow or disobeying a traffic sign or signal. It should be noted that weaving isn't necessarily sufficient cause to pull a driver over. Alas, the Kansas appeals courts have stated that cars are not trains on rails and therefore some amount of weaving is perfectly acceptable.
POST DRIVING ABSORBTION OF ALCOHOL - The blood alcohol content (BAC) must be proved
at the time of driving.
- BLOOD TEST UNRELIABLE - While Blood tests are considered the most accurate form of chemicla testing, there are problems and potentially prejudicial issues to raise. We have effecively raised such defenses such as when the blood sample was taken incorrectly or after learning that there were other issues after we subpoenaed the blood test results from the KBI.
Contact a Kansas DUI lawyer now
to discuss your DUI charges and learn what steps can be taken to create an effective defense for your case. We practice extensively and have represented hundreds of clients throughout Johnson County and cities including Olathe, Gardner, Lenexa, Overland Park, Shawnee, Leawood and Kansas City.