DUI arrests and DUI convictions can have serious consequences, both immediate and in the future. When people speak with me, they are most often looking for advice on how to avoid a DUI arrest or how to avoid a DUI arrest turning into a DUI conviction. 101 Ways to Avoid a Drunk Driving Conviction by William C. Head, Esq. and Reese I. Joye, Jr., Esq. is a great resource to both questions and will be featured in a 10 part blog series here on the FL DUI Group Blog. The seventh part features ways 61-70 to avoid an Orlando DUI conviction.
61. By asking the officer whether you can make telephone calls to an attorney or family member prior to submitting the official BAC tests, you may be taking advantage of legally-permissible delays that will make your BAC tests more favorable.
62. In states which require the police to administer multiple BAC tests, the failure of the police to perform any of the additional tests required by law will be grounds to exclude all test evidence from the trial. However, the cause of the non-completion of tests can not be your refusal or willful non-compliance with the officer’s request for a sample.
63. If the police fail to fully advise you of what types of independent tests you may take pursuant to state statutes and regulations, this will cause the state’s test results to be excluded from evidence.
64. Proving that the defendant partition ratio is not “normal” such that the pre-set breath testing machine standards are inaccurate can provide the necessary evidence to convince the jury that the BAC results are not worthy of belief.
65. Proving that the defendant’s hematocrit is outside the normal range and significantly “variant” to cause an adjustment in the indicated BAC reading may drop the defendant’s BAC level below the per se standard (or the “presumed” intoxicated threshold) set by law.
66. Attacking the breath testing machine’s accuracy based upon its record of failure during certification tests may cast sufficient doubt upon reliability of the machine to either cause the judge to exclude the test results or convince the jury not to believe the state’s BAC reading.
67. If you are to be tested on the official state BAC equipment, be certain that you inform the officers about any physical problems or environmental interferers which may have a bearing on your test results. The state’s test may be later excluded if it is non-specific for detection of alcohol.
68. Bridgework or false teeth may “trap” mouth alcohol and contaminate a breath machine sample. The failure of police to cause dentures to be removed before a test can be grounds for dismissal of charges, or at least grounds for excluding the state’s breath test results.
69. If a police officer fails to continuously observe a defendant for the required waiting period under state law, this can be the ground for excluding the state’s BAC results.
70. Vomiting or burping delays the start of the breath test due to the contamination of your mouth by alcohol brought up from the stomach. The failure of the officer to restart the observation period will be grounds to exclude the state’s BAC results.
Excerpted from the book, 101 Ways to Avoid a Drunk Driving Conviction by William C. Head, Esq. and Reese I. Joye, Jr., Esq.
Copyright 1991 by William C. Head and Reese I. Joye, Jr. Not to be reprinted, resold, or redistributed for profit, except with written permission, but may be freely distributed electronically provided that the entire file, including this notice, remains intact.
FL DUI Group. Dedicated DUI Defense. It’s what we do.
There are many intricacies and misconceptions when it comes to DUI laws in the State of Florida. This is why it’s important that you have an experienced and dedicated DUI defense attorney on your side. If you’ve been arrested for DUI in Orlando, Central Florida or anywhere else in the State of Florida, contact the FL DUI Group today for your free case evaluation.
At the FL DUI Group, we urge you never to forget the bottom line:
No DUI arrest is perfect. Law Enforcement officers are human. They make mistakes. Breath Test Operators are human. They also make mistakes. Breath Test Inspectors are human. They too can make mistakes. The breath test machine isn’t perfect. It often makes mistakes and in some circumstances can be flat out wrong. The FL DUI Group knows DUI cases. The FL DUI Group knows the mistakes that occur in DUI cases and we will expose those mistakes to the judge and jury. Let our truly unique experience work for you.
Your case deserves dedicated DUI defense. It’s what we do.