Winning a DUI Case: Trial Defenses That Work

Video Transcript

Numerous policies, procedures, and laws govern the actions of the police. Mistakes, misunderstandings, or errors from the initial contact to the final booking may help in winning your DUI. Here are a handful of the DUI defense strategies that we have used successfully in the past.

Improper Stops

If the officer makes a traffic stop that violates your right to be free of unreasonable searches and seizures, all evidence obtained after the traffic stop is suppressed. Without any evidence, your case should be dismissed.

• Tips or Anonymous Calls
• Mistake of law
• Failure to maintain lane
• Stopping the wrong car
• Stopping for a hunch or just felt like it
• Stopping a vehicle for a different reason than the officer claims

Improper Arrest

This eviscerates the State’s case and, among other consequences, leads to the suppression of their chemical test.

• Improperly Administered Field Sobriety Tests
• Coerced Field Sobriety Tests
• Medical-Physical Conditions
• Illegal Extension of Stop
• Videos Don't Support Arrest Report

Improper Blood Test

We may be able to suppress their test results or give the jury reasonable doubts about the test.

• Proper Request
• Statutory Requirements
• Lab Mistakes

Improper Breath Test

• Rules
• Certification
• Certification of Machine
• Interferents
• Machine Not Calibrated
• Machine Malfunction

Procedural Mistakes and other Tactics

• Mirandize/Read Your Rights
• Implied Consent Warning
• Witness Appearance
• Inconsistent Statements by Law Enforcement Officer
• Expert Witness