20 Ways to Beat a DUI

If you have been arrested for DUI or DWI, it is obviously cause for concern—but not necessarily despair.   By hiring an experienced DUI defense lawyer who knows what to look for to protect your rights, you place yourself in the best position to defend the charges against you.  The following is a list of factors that can contribute to a successful outcome in a DUI case.  Of course, not everything listed below will be a factor in every case – an experienced, seasoned police officer will be extremely careful during a DUI stop to avoid these pit-falls.  However, this list provides several examples of what an experienced, seasoned, aggressive DUI defense lawyer examines in preparing a successful defense.

1. ILLEGAL STOP OF PERSON OR VEHICLE – An officer cannot initiate a traffic stop unless he has reasonable and articulate basis to believe that a traffic law or other law has been violated. Similarly, a person cannot be seized unless a violation has occurred.
   
   
2. LACK OF PROBABLE CAUSE TO ARREST – Even following a valid traffic stop, a police officer must have specific and articulable facts to support any arrest for DUI, or arrest may be deemed unlawful and any evidence arising from that arrest may be suppressed at trial.
   
   
3. ILLEGAL SEARCH – The police are prohibited from searching a person or the automobile for a minor traffic offense, and may not search a car without a driver’s consent or probable cause. Any evidence illegally obtained is not admissible in court.
   
   
4. WEAVING INSIDE THE LANES IS NOT ILLEGAL – weaving within your lane of travel without crossing any lane markers is not a per se violation of the law, and a vehicle cannot be stopped for that reason alone.
   
   
5. ANONYMOUS REPORT OF DRUNK DRIVING – a car cannot be stopped simply because an anonymous citizen reported erratic driving.  The arresting officer must make independent observations that confirm the anonymous tip.
   
   
6. STANDARD FIELD SOBRIETY TESTING IS INACCURATE – in healthy individuals, the one-leg stand test is only 65% accurate, and the walk-and-turn test is only 68% accurate in determining if a person is under the influence. Persons with injuries, medical conditions, 50 pounds or greater overweight, and 65 years or older cannot be validly judged by these tests.
   
   
7.  FIELD SOBRIETY TEST IMPROPERLY ADMINISTERED – According to the National Highway Traffic Safety Administration (NHTSA), improperly administered field tests are not valid evidence of intoxication.
   
   
8. MEDICAL AND HEALTH PROBLEMS – Medical problems with legs, arms, neck, back and eyes can affect the results of field sobriety tests. Further, other medical conditions can also affect the validity of breath test results.
   
   
9. BAD WEATHER – Weather reports establishing high winds, low visibility, precipitation and other conditions may provide a valid explanation for otherwise poor driving or poor performance on Standardized Field Sobriety Tests.
   
   
10. NON-STANDARDIZED FIELD TESTS PROVIDE LIMITED BASIS FOR ARREST  – neither the Federal Government (NHTSA) nor medical science considers touching your finger to your nose, or saying the alphabet, or counting backwards, as valid sobriety tests.
    
    
11. IN-SQUAD VIDEOS – more and more often, the suspect’s driving and performance on field tests is being recorded; often contradicting police testimony.
    
    
12.  PORTABLE BREATH TEST INADMISSIBLE – Most states prohibit the use of portable breath testing (PBT) results as evidence at trial in a DUI case.  The extent of the evidentiary value of a PBT is solely as a probable cause indicator for the officer’s decision to arrest.
    
    
13. PORTABLE BREATH TEST IMPROPERLY ADMINISTERED – The manufacturers of portable breath testing devices (PBTs) require specific pre-testing protocol - such as an observation / deprivation period - in order for the results to be deemed valid. Even when relied upon for the limited purpose of establishing “Probable Cause” to arrest, a PBT must be administered properly.
    
    
14. BREATH TEST OPERATOR UNLICENSED – Most states require a Breath Test Operator to be properly trained and licensed to operate a breath testing device.
    
    
15. BREATH TEST OPERATOR LICENSE EXPIRED – Even if the Breath Test Operator has been properly trained and licensed, if his license has expired without proper renewal, his test results are generally inadmissible until he obtains a current license to operate the machine.
    
    
16. BREATHALYZER MACHINE MALFUNCTIONS – Most states specify that if there is a malfunction or repair of the breath test instrument within a certain period of time before or after a suspect’s breath test, the results of the suspect’s test are presumed invalid.
    
    
17. BREATH MACHINE NOT PROPERLY OPERATED – The manufacturers of breath testing devices have specified protocols, which must be followed for a breath result to be valid. Failure to follow these requirements can result in improper readings and inadmissible results.
    
    
18. FAILURE TO CONDUCT OBSERVATION PERIOD – Most states require that a driver be observed continuously for a minimum period, such as twenty minutes, prior to a breath test in order for the results to be considered valid and admissible.
    
    
19. FAILURE TO MIRANDIZE – Prosecutors may not use statements of a defendant in custody for a DUI as evidence if the police failed to properly issue Miranda Warnings prior to the interview.
    
    
20. BOOKING ROOM VIDEOS – Many police stations videotape suspects at the police station, where their speech is clear and their balance is perfect, in spite of police testimony to the contrary.