The only real chance you have of beating a DUI charge is mounting a thorough, credible DUI defense strategy that has the best chance of getting your charge reduced or dismissed.
There are many facets of a DUI prosecution, all of which are opportunities for an experienced DUI attorney. Coming up with a defense for a DUI charge can be tough, but, no matter the case, the right strategy can be found for any defendant. You just need the right attorney to formulate the right defense, some of which include the following:
Improper Police Stop
The United States Constitution forbids law enforcement from arbitrarily pulling private citizens over without first having reasonable suspicion. As interpreted for decades through appeals in the Supreme Court, “reasonable suspicion” is typically defined as “articulable and specific grounds that provide [law enforcement] with reasonable suspicion that criminal activity is afoot…” Put simply, this means law enforcement officials require more than simple hunches or gut feelings that certain individuals have committed a crime or are in the act of committing a crime.
Within the context of drunk driving—as well as any plain old traffic stop—police officers need to physically see a suspect commit wrongdoing of some kind. If a driver was not speeding or swerving, was obeying every traffic law, and had no mechanical issue with their car, a DUI attorney could contend that the officer lacked reasonable suspicion for pulling you over. Any evidence collected afterward would be inadmissible in a court of law.
Failing to Adhere to Protocol for Field Sobriety Testing
When police officers administer field sobriety testing (FST), there are actual legal protocols they must follow for the test results to be admissible for a DUI prosecution. Failure by police to follow predetermined measures can lead to a fast suppression of any evidence they gathered, especially if the officers also engaged in overly intimidating, inappropriate, or disrespectful conduct toward you during testing. Furthermore, field sobriety test results are only one piece of the state’s case, and they are not proof of intoxication on their own.
For instance, the importance of the heel-toe test diminishes if the defendant was forced to participate in the test while also wearing awkward footwear, such as high-heeled shoes. If there was inclement weather during testing or if the defendant’s balance was affected by an injury, the officer’s FST observations would also lose significance as state’s evidence.
Improper Testing or Blood Sample Storage
After a DUI suspect has been arrested, the first thing police do is arrange for a blood-alcohol analysis via a licensed, trained phlebotomist as soon as possible. However, due to unprofessional wait times or testing performed by untrained lab technicians, there are very strong defense possibilities here.
As well, police must ensure their samples are maintained properly to prevent contamination, mislabeling, or fermentation, with the last being especially damaging, as fermentation causes there to be more alcohol in a sample. If there are questions regarding a sample’s integrity, it can be declared inadmissible, leaving prosecutors with little for advancing their case.
Medical Conditions
For defendants with a medical condition, this can not only give the appearance of intoxication at times, but it can even distort the results of roadside breathalyzer tests. Neurological issues or fatigue can lead to slurred speech whereas sinus troubles, crying, and allergies can lead to watery eyes.
Additionally, a supposed “alcohol smell” on a defendant’s breath can come from ketosis, a side effect of diabetes involving the fermentation of glucose within the bloodstream, thereby creating an odor similar to “alcohol breath.” Ketosis can even lead to sober individuals registering alcohol on breathalyzers.
Miranda Violations or Improper interrogation
Once suspects are placed “under arrest,” the United States Constitution requires police officers to inform suspects of this official action taking place, which is distinct from simple conversations where individuals may leave freely if they choose. When individuals are under arrest, officers are required to advise them immediately of their rights, including the right to an attorney, the right to remain silent, and the right to a court-appointed attorney if they cannot afford one.
Police must also state that any statements made following the listing of the suspect’s rights can be used against them in court. If police officers fail to issue Miranda warnings, any evidence collected afterward—biological evidence, incriminating statements, FST observations—is likely to be excluded.
Inappropriately Communicating with the Suspect
Prosecutors understand that defendants cannot be spoken to or interrogated without the express consent or presence of the defendant’s attorney. However, this has not stopped district attorneys or law enforcement in the past from trying to circumvent trial by tempting defendants with a plea bargain—using strategies a DUI attorney would not allow.
When this takes place, any pleas that are entered outside of protocol can be overturned quickly after showing that police or prosecutors communicated improperly with the defendant, which wouldn’t go over well with the presiding judge.
Violating Procedure and Rules of Evidence
Unlike previous DUI defenses, there are several that might not come up until the trial begins, such as violations of state rules of civil procedure as well as rules of evidence. This fairly broad category covers rules forbidding hearsay, introducing improper character evidence, and using unauthenticated recordings, photographs, and documents.
For instance, prosecutors may try introducing evidence of dashboard or body cam police videos, hoping to show the officer present for the defendant’s field sobriety tests. However, the prosecution needs the officer’s testimony, stating he was present for the FST, the individual in the video is the defendant, and the recording occurred at the time and date proclaimed by the state. Otherwise, the recording is excluded as evidence.
Regardless of which defense strategy is best for your particular case, it can be difficult to come up with one on your own in the pursuit of beating your DUI charge. That’s why having a skilled DUI attorney by your side is the best option going forward, as we can work to provide you with as many options as are available, getting your charge reduced or even dismissed entirely.
- Learn more about your defense options with a DUI Plea Bargain
- Establish your DUI Defense with a DUI Rights Attorney
Say a vehicle has been disabled for an hour at least, and the police check on said vehicle, and refuse to check out the operability of the vehicle and insist that its just recently been stopped, parked, stalled in the middle of the road as evidence of impaired/hazardous driving. Fail to inventory the search which has open container (opened after car broke down) and have inconsistent (false statements) in narrative. Is this conduct permissible, or legal? Can officers ignore reasonable explanations from the accused, after un-mirandized interrogation, and omit investigating and make up their own more incriminating version?
It depends on quite few factors. Did the driver admit to drinking before the vehicle stalled? Do you have witnesses that can prove false statements? Was a breathalyzer administered? A field sobriety test? and yes police will often lie on the DUI police report to show reasonable suspicion.
If you are pulled over for speeding, when asked if you were high because you seemed upset/agitated told the Officer no, then after you were asked again you mentioned you were high recently, taken to jail for a mental health evaluation, where you weren’t handcuffed or told that you were under arrest or read your Marinda Rights, but rather were given the option of being looked at by Emergency Personal due to the fact, the Officer was worried about your state of being. You were given a field test at the precinct passed, were given a breathalyzer test passed and were given a receipt stating what you blew, and were given urine test but no receipt for the test, is the test valid if you weren’t arrest, read your Marinda Rights, weren’t finger printed or ever told you were under arrest. There are no boxes marked on the Implied Consent Form marked except “The driver did not fail a breath test nor refuse to submit to a breath, blood or urine test. (Do not forward copy to DMV. Keep for your own records) Given mental health evaluation, then released without being booked or fingerprinted, and the police gave you a ride home in the cop car, dropped you off in front of your house, then at the last minute whips out 1 ticket from behind his back, like surprise here you go. Go to court and are charged with 2 tickets are you guilty of a DUII-controlled Substances? Can you be held liable for the ticket they said you received but you didn’t? I’m in the State of Oregon if that makes any difference in how you answer this question. Thank you for your time, it’s appreciated. Laura
Police will use what they can against you even if you passed certain tests. If you said you were recently high it will give them a reason to charge you with DUI especially if your behavior is suspicious. A blood test in this case would help your defense IF the drug levels are very low. If no blood was taken, an experienced DUI defense lawyer can argue there is no evidence of drugs in your system. But rather argue you have a mental disability and had an episode. This may be enough to get it dismissed or reduced to a lesser charge. Most likely the court will want alcohol/drug counseling classed included in any plea bargain.
I, wonder how people get caught with a DWI, open container, then two traffic tickets.i also have girlfriend that wrecked her car twice few days ago. She was drunk,hit a 2012 minivan that was parked on the other side of the. She ran into the woods,cops looked for her for awhile, guess they’re issuing warrants for cni,hit and run, leaving the seen, property damage, it goes on … If you think of anything, let know, thanks
My girlfriend was driving my car because I had been drinking one night and we get on the freeway and my car started having trouble it started slowing down getting slower and slower so we pulled over on the shoulder till the car came to a complete stop. After that the car wouldn’t start anymore so we called the tow truck while we were waiting for the tow truck I asked my girlfriend to get on the passenger seat in case another car and it up sideswiping our car I didn’t want anything happening to her. So she switched over to the passenger seat and I got on the driver seat she took the keys out of the ignition and put them in the center console. A few minutes later the sheriff showed up and asked if we were okay. I’ve told them yeah and I explained my situation then they smelled alcohol on my breath and asked me to step out of the car. They did their field sobriety test which ended up in me getting a DUI what should I do?
Juan, this will be your word against the police. Obviously they did not believe your girlfriend was driving. Your legal defense needs to plead not guilty for you and get witnesses to say you WERE NOT driving. Even if you can get the tow truck driver to be a witness.
I need help. I have Fibromagia Arthuritis bad and Nerophy. i know i did not spell those words rite. he asked me to put one foot in front of the other and walk. i cant do that anytime. i have Vertigo. i need help. my court date is May 31st. Rock Hill city Jail. filthy place to be. i barely bumped a car. i as her not to call the police over something that minor. she me if i had $600.00 dollars. i said yes. then she changed her mind.
Did you take any other tests besides the field sobriety test?
I was charged with a dui in 2016 did everything I was suppose to before the end date of it needing to be done and now in 2018 I still can’t register my vehicle I’m a single mother and I took full responsibility and took it seriously please help me where I can figure out that I don’t have to pay for a mistake anymore it’s been 3 yrs and I don’t feel it’s fair after working so hard and doing everything to fix my wrong
Mariah, you should be able to get your license back by now. Did you check with the DMV/MVR? If your license was only suspended then there is a time limit to the suspension (30 days, 90 days, 1 year, 3 years, etc.)
I was arrested for a dui , but yet I was not driving at the time. I told the officer I could not do the field soberity test because of health issue, Judge said no Health issues would prevent me from Doing test{ I have vertigo), and he gave me a breathalyzer which he stated was.12 which I have not seen or was given any evidence of it. I said that I requested a blood draw. The blood draw came back a year later, an showed no concentrate of ethanol in my blood, but the public defender that assured me it would be dismissed was mistaken, The Judge rejected the Blood results, and said the State officers are honest and quickly found me guilty which the public defender put on no defense with regard to the officer or the facts in the case. My attorney never asked for the culpitory evidence Ignore evidence(officers Notes he used on the stand). I want to appeal the verdict as it was not based of Facts, but judges personal feelings as he stated Officers are good guys! They were also in a hurry to leave for a Baseball game and gave us 30 min to present case. and my attorney di nothing about it, and refused to set case for another day.
Marcy, This is exactly why we stress NOT to use a public defender. Having vertigo will greatly effect the outcome of the FST and should not have been administered by the police. You will need to appeal the verdict with an attorney. Unfortunately this needs to be done by an experienced lawyer that will cost money. I recommend borrowing money in order to get this resolved by competent legal counsel. Trust me it’s worth it not having this on your record.
Well maybe somebody can help me in 96 I received a dui I went to court and was scentisted my license was supposed to be suspended for only 90 days I went through an evaluation but no class I couldn’t afford it this was twenty one years ago I was in my 30s then I have tried to get my license back many times and nothing during that time I have had break downs because of loved ones dieing right in front of me a women I was going to merry died in my arms and I have suffered from mental abuse physical abuse my mental state got so bad I tried to end my life I was dieinosed wit severe post tromatic stress disorder and was found to be disabled I was 40 years old I never got another dui sence that day I and I haven’t drank sence then I’m 52 and still sober I feel I should be allowed to have my driving privilege back what ever happend statue of limitations I live on a fixed income and I can’t afford these classes is there anything I can do legaly to get them back without those classes
Robert, unfortunately you will have to take the DUI classes. The state makes a point to keep the drivers educated on the effects of drinking and driving. Statue of limitations do not apply here since driving is a privilege and not a right.
I was charged with a DUI. I turned my license in, they expired during this time. I paid all fines. Sold my car to do this. How long will this stay on my record? I would like my license’s back and I realize I will need to take the test again. Does a DUI ever leave your record?
Thank you for your info.
Hi Lynn, was your license suspended or revoked? If only suspended then you need to contact your state DMV to find out how long. A DUI will stay on your record depending on the state and verdict in court. Were you convicted or did you get a plea bargain?
My girlfriend was driving my car because I had been drinking one night and we get on the freeway and my car started having trouble it started slowing down getting slower and slower so we pulled over on the shoulder till the car came to a complete stop. After that the car wouldn’t start anymore so we called the tow truck while we were waiting for the tow truck I asked my girlfriend to get on the passenger seat in case another car and it up sideswiping our car I didn’t want anything happening to her. So she switched over to the passenger seat and I got on the driver seat she took the keys out of the ignition and put them in the center console. A few minutes later the sheriff showed up and asked if we were okay. I’ve told them yeah and I explained my situation then they smelled alcohol on my breath and asked me to step out of the car. They did their field sobriety test which ended up in me getting a DUI what should I do?
It’s always better to leave your car sitting on the side of the road and get picked up by a friend especially if your intoxicated. Police can give you a DUI if they know you were just driving, it does not matter if they catch you driving.