WNBA star, Diana Taurasi of the Phoenix Mercury and former star at UConn was arrested for DUI in Phoenix following her team's victory over the Seattle Storm on July 3rd. According to the article in the Hartford Courant, Taurasi was stopped for speeding and then taken to a mobile DUI station and given a blood test.
While the complete details of Taurasi's case are not clear from the article, the basis of the stop, speeding, is not an indication of being under the influence. If speeding were the sole basis of the stop, then Taurasi's DUI Lawyer will have ample grounds of cross examination to point out that the driving was not indicative of someone under the influence of alcohol. The common signs of an impaired driver are weaving, crossing the center lane or fog line, driving too slow, stopping abruptly and striking objects or nearly doing so. Speeding is not a sign of an impaired driver according to the National Highway Traffic Safety Manual used by police officers to detect drunk drivers.
Further, it appears as though the police gained evidence from a portable blood test. In Massachusetts, police officers sometimes ask a driver to take a portable breathalyzer. While the portable breathalyzer, or PBT, is not admissible in Massachusetts OUI cases, the officer can use it as a basis to establish probable cause to arrest. A driver in Massachusetts is under no obligation to take a portable breathalyzer and should refuse the test. Even though the test is inadmissible in evidence, it can be used to establish probable cause to arrest and would likely color a judge's view of the case if a bench trial was requested on the OUI charge.
If you were arrested for DUI in Massachusetts, it is important to speak to an experienced DUI lawyer to understand the strength and weaknesses of the Commonwealth's case against you and the potential license consequences your DUI arrest could cause. Attorney DelSignore suggests that in every case you should speak to an experienced OUI lawyer prior to pleading guilty to any DUI charge. Attorney DelSignore defends drivers charged with OUI throughout Massachusetts and is available to answer your questions and arrange for an immediate appointment.
