Breaking The Chain of Evidence

Introduction

Any experienced Oklahoma DUI Defense Attorney  can tell you a DUI arrest does not equal a DUI conviction. You have the ability to fight your case and defend your driving privileges to try and avoid the stiff penalties for an Oklahoma DUI, which includes difficult probation, heavy fines, driver’s license suspension, and potential jail time. In order to fight your case, you need a Fierce Advocate.

I had a Drink and Drove; Should I just Plea?

NO, a DUI is much more complicated than the police or government would have you believe. Under Oklahoma law, it is not illegal to consume alcohol and drive a motor vehicle. Any juror that will not accept this fact/law can be stricken from the panel of potential jurors and removed; never to hear your case. The government must prove much more than you “had a drink and drove a car.”

Chain of Evidence in DUI case

The State’s blood test for “Blood Alcohol Content” or BAC is conducted by a medical professional; however, it is maintained and transported by law enforcement. This link of being passed by one individual to another is the “chain of evidence.” In order to establish a blood test was properly conducted and control was maintained over the test; the government must prove to the jury that the chain of evidence was unbroken, just like the chain on a playground swing set: the game is over, if one link breaks. These links are defendable with the help of an experienced DUI Defense Attorney. 

Ways to Break the Chain

  • No Reasonable Suspicion for DUI traffic stop
  • No Actual Physical Control (“APC”) of vehicle
  • Violation of Right to Independent Test
  • No Probable Cause for DUI Arrest
  • Right to Counsel Denied
  • Miranda Rights Denied
  • Improper Field Sobriety Test Execution
  • Improper Horizontal Gaze Nystagmus Test
  • Improper Walk and Turn Test
  • Improper One Leg Stand
  • No Horizontal Gaze Nystagmus Log (“HGN” or “pen test”)
  • Field Sobriety Tests conducted on uneven surface or facing flashing lights
  • Improper DRE (“Drug Recognition Expert”) Protocol
  • Intoxilyzer 8000 (Breath Test) Error
  • Intoxilyzer 800 (Breath Test) Improper Calibration
  • No Deprivation Period
  • Improper Deprivation Protocol
  • Chain of Custody Gaps
  • Phlebotomy Errors or Improper Protocol
  • Lab Lacks Uncertainty of Measurement
  • Improper Sealing of Blood Sample
  • Crane Errors in Gas Chromatography Processing
  • Improper Sample Preservation
  • Failed Requirement for Retrograde Analysis
  • Improper Opinion Testimony
  • Unqualified Expert Testimony
  • Destruction of Evidence
  • Failure to Disclose Evidence to the Defense
  • Brady Violations
  • DUI Dashcam evidence conflicts with police testimony or reports

Experienced DUI Defense Lawyer in Oklahoma

Contact CANNON & ASSOCIATES in Oklahoma City for your DUI or APC defense. You have the right to the presumption of innocence. John Cannon is a Fierce Advocate for every client and will use his experience and respected reputation to do everything possible to reach the best possible outcome in your DUI or APC case or be your Fierce Advocate in jury trial. A conviction for DUI or APC may have long lasting effects and penalties. John has been recognized as a Top 40 under 40 in Criminal Defense by the National Trial Lawyers Association and a Super Lawyer. 

Contact CANNON & ASSOCIATES today if you have been charged with DUI, AP, Aggravated DUI, DWI, or DUI under 21 in Oklahoma. CANNON & ASSOCIATES has an outstanding record of reaching the best possible outcome for hundreds of clients accused of the wide variety of criminal charges in Oklahoma, including DUI, evidenced by John receiving the highest possible AVVO rating – 10 (superb). Call our office at (405) 657-2323 for a free confidential consultation and case evaluation. 

Cannon & Associates

Fierce Advocates

For Families and Freedom

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"Mr. Cannon went above and beyond for my wife. She was facing some pretty hard fines and prison time with the US Marshalls. Mr. Cannon fought a hard fight and got her a GREAT offer. Words cannot express how much I appreciate him and what he did for my wife. I would give 10 stars and I will be promoting him. He's that awesome. He keeps you informed, he will text or call you back, and he goes above what he is asked to do and I can reassure you"HE WILL FIGHT FOR YOU OR YOUR FAMILY MEMBER". I will continue retaining him for other things my wife is battling. High five and a great big hug to Mr. Cannon. Thank you!!!"

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