Top Ways to Defend a DUI

Here are just a few of the defense strategies our firm may use to defend the charges against you. Hiring a reputable DUI attorney to invoke the these defenses could make the difference in your case.

Illegal Stop - Unless the police officer has “probably cause” a driver cannot be stopped. For probably cause the police officer unless the officer needs to believe that a traffic law or other law has been violated.

Field Sobriety Test Was Inaccurately Administered - The Horizontal Gaze Nystagmus Test (HG), Walk & Turn Test and One Leg Test must be administered according the guidelines of the National Highway Traffic Safety Administration (NHSTA). If not administered properly the results may be suppressed.

Using Non-Standardized Field Sobriety Tests (FST) – Other FST's like touching your finger to your nose, saying the alphabet backwards, or balance test as not considered valid field sobriety tests.  If your arresting officer used a non standard test then the charges against you may be strongly challenged.

Breath Testing is Inaccurate - Attacking the validity of breathalyzer results is possible. Breath testing is subject to inaccuracies of .02% if administered by exact guidelines. If an administering officer deviates from the guidelines then the inaccuracy increases and the results may be impeached.

Medical & Health Problems – Before administering a FST a police officer is required to ask about existing medical issues that may affect the results of field sobriety tests. Medical issues may affect the validity of the breath test results.

Bad Weather or Road Conditions – Rain, high winds, low visibility and other conditions may explain poor driving.

No “Probable Cause” - A police officer must have probable cause to arrest you for DUI. If a court feels the officer did not have probable cause they may dismiss the arrest and charges may be dropped.

Illegal Search - Police officers are prohibited from searching a person or automobile without a driver’s consent or probable cause. Any evidence obtained through an illegal search may not be admissible in court.

Inconsistent Statement By Police - Any statements made by a police officer, verbally, in reports, or at a court hearing may be used to impeach the officer’s testimony.  This is an important reason to have a DUI attorney represent you at the DMV hearing.  The officer at this hearing may provide inconsistent statements. 

Contact our office to talk with a DUI attorney to discuss other strategies for defending the charges against you. Call (702) 914-0400.