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• Did you commit a vehicle
code violation that led to the stop?
• Did the Officer tell you specifically why you were pulled
over?
• Were you just leaving a restaurant or bar where you had
recently consumed alcohol?
• Was your driving pattern severe or minimally irregular?
• Were you pulled over in an area where DUI is heavily enforced?
• Does the reason for the stop seem odd to you?
• Were you pulled over as part of Sobriety Checkpoint? If
so, was it very visible and were
adequate warnings given as well as a reasonable means to avoid the
checkpoint?
• Was there a substantial delay from the time you were pulled
over to the time you were
subjected to field sobriety tests, possibly waiting for another
officer?
• Did the information for the stop come from some person other
than a police officer?
• Did the officer see you drive?
• Were you driving at the time you were contacted by police?
• Were you pulled over for a routine traffic stop that the
officer turned into a DUI investigation?
• Was the officer that pulled you over the same officer that
gave you the field sobriety tests
or the breath or blood test?
• If you took a PAS test (a breath test at the location of
the stop) did the officer advise you that
you have a right to refuse that test?
• Was the officer that gave you the breath test continually
observing you for 15 minutes just prior
to taking the breath test?
• Was there any difficulty with obtaining a result when blowing
into the breath machine?
• How did you perform on the field sobriety tests?
• Did the officer give you more than three field sobriety
tests?
• Do you have drinking witnesses?
• Was your consumption of alcohol over a long period of time?
• Was the time from your last drink to the time of the chemical
test less than or greater than one hour?
• Does the test result seem to be out of whack with your consumption
of alcohol? (Try the drink wheel link above)
• Do you suffer from GERD or other health conditions?
• Do you regularly take medication?
• Was anything in your mouth at the time of the breath test,
such as food lodged in your teeth if you
had just eaten, chewing tobacco or any other foreign substance?
• Were you suffering from indigestion or otherwise belching
(either aloud or silent) at any time
before the breath test?
These questions just touch on
some of the issues that come up during a DUI defense. Having an
interested, experienced, creative and energetic attorney is a must
in an effective DUI defense in order to take advantage of the issues
that may arise.
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