subject: Grounds For Suppression Of Evidence Motions [print this page] All states in the US have laws against driving under the influence of alcohol or drugs. State police officers pull over suspects on a daily basis for DUI related offenses. After arrest, the state arraigns the suspect in court. At this preliminary hearing, the suspect is informed of the charge raised against him or her. The next stage is the pre-trial motions where arguments to determine what shall constitute evidence at the trial are presented.
Most defense attorneys commonly file a motion to suppress evidence. The defense attorney attempts to show that the evidence the state relied on to arrest his client was obtained unlawfully and cannot be relied on to uphold the DUI charge against his client. The most common evidence police officers collect includes failing a field sobriety test or a breathalyzer test. At times the state relies on a suspect's confession. Your attorney will gather information regarding the state's evidence against you during the time period between the preliminary and pre-trial hearing. At the pre-trial hearing your attorney can file a motion to suppress certain evidence.
The majority of states have set the limit for blood alcohol content at 0.008. Anything over this limit will give the state grounds to charge you with a DUI. Your attorney will likely try to have specific elements of the evidence against you thrown out. The capacity of the arresting officer and the functionality of the breathalyzer machine are commonly questioned. There have been studies conducted that show that the breathalyzer can occasionally give false readings, particularly when a person has used breathe mints or cough syrup. Your attorney will cross examine the officer in an effort to determine whether or not he or she was properly trained to administer the breathalyzer test.
Your attorney will also question whether or not the officer had a reasonable cause to pull you over in the first place. Police have the right to stop any driver that fails to indicate a turn with a signal, illegally jumping a light, or any other kind of unusual behavior while driving. Some of the circumstances that would prompt the officer to administer a blood alcohol content test might include incoherence or slurred speech by the driver or a heavy odor of alcohol.
The defense attorney will carefully examine all the evidence that's been provided. If the state cannot show just cause for pulling the subject over and administering a breathalyzer test, the defense can file a motion to have this evidence struck. If the officer didn't read the suspect his rights or inform them of the right to remain silent, this would be ground for striking any confession from the records. There are some medical conditions like arthritis that might make it impossible for a suspect to pass the field sobriety test that requires standing on one leg.
It is critical for any suspect to provide their attorney with any information that might help their defense. If the defense attorney's suppression of evidence motion is successful, the state may drop the charges.
