| If you have been arrested for DUI or DWI, it is | | | | intoxication. |
| obviously cause for concern--but not for despair. By | | | | OFFICER'S PRIOR DISCIPLINARY RECORD - A |
| hiring a quality defense lawyer who can protect your | | | | police officer's previous disciplinary record can be used |
| rights, there are a host of ways your case may be | | | | to attack the officer's credibility. |
| defendable. That's why it would be a good idea to | | | | PORTABLE BREATH TEST INADMISSIBLE - Most |
| consider hiring one of America's Top DUI and DWI | | | | states prohibit the use of portable breath testing results |
| Defense Attorneys now. Here's a few ways our | | | | as evidence at trial in a DUI case. |
| lawyers may be able to win your case. Even if your | | | | PORTABLE BREATH TEST IMPROPERLY |
| case involves a drug, drugs, medicine or alcohol, they | | | | ADMINISTERED - The manufacturers of portable |
| will help. | | | | breath testing devices require a minimum of two tests |
| ILLEGAL STOP OF PERSON OR VEHICLE - a driver | | | | to consider the results evidential in nature. |
| cannot be stopped unless the officer has a reasonable | | | | FAILURE TO CONDUCT OBSERVATION PERIOD - |
| and articulate basis to believe that a traffic law or | | | | Most states require that a driver be observed |
| other law has been violated. Similarly, a person cannot | | | | continuously for a minimum period, such as twenty |
| be seized unless a violation has occurred. | | | | minutes, prior to a breath test in order for the results to |
| WEAVING INSIDE THE LANES IS NOT ILLEGAL - | | | | be considered admissible and valid. |
| weaving without crossing any lines is not a violation of | | | | EXPERT WITNESSES - Expert witnesses are |
| the law, and a vehicle cannot be stopped for that | | | | available to review the validity of breath tests, blood |
| reason. | | | | tests and field sobriety tests. |
| ANONYMOUS REPORT OF DRUNK DRIVING - a | | | | MEDICAL AND HEALTH PROBLEMS - Medical |
| car cannot be stopped simply because an anonymous | | | | problems with legs, arms, neck, back and eyes can |
| citizen reported that the driver was drunk. | | | | affect the results of field sobriety tests. Further, other |
| STANDARD FIELD SOBRIETY TESTING IS | | | | medical conditions can also affect the validity of breath |
| INACCURATE - in healthy individuals, the one-leg stand | | | | test results. |
| test is only 65% accurate, and the walk-and-turn test | | | | BAD WEATHER - Weather reports establishing high |
| is only 68% accurate in determining if a person is under | | | | winds, low visibility, and other conditions are available to |
| the influence. Those persons with injuries, medical | | | | explain poor driving or poor balance. |
| conditions, 50 pounds or greater overweight, and 65 | | | | LACK OF PROBABLE CAUSE TO ARREST - A |
| years or older cannot be validly judged by these tests. | | | | police officer must have specific and articulable facts |
| NON-STANDARDIZED FIELD TESTS ARE INVALID - | | | | to support any arrest for DUI, or the suspension will be |
| neither the Federal Government (NHTSA) nor medical | | | | reversed and the evidence suppressed at trial. |
| science considers touching your finger to your nose, or | | | | ILLEGAL SEARCH - The police are prohibited from |
| saying the alphabet, or counting backwards, as valid | | | | searching a person or the automobile for a minor |
| sobriety tests. | | | | traffic offense, and may not search a car without a |
| BREATH TESTING IS INACCURATE - virtually all | | | | driver's consent or probable cause. Any evidence |
| experts concede that one breath test alone is | | | | illegally obtained is not admissible in court. |
| unreliable. Breath testing is subject to various | | | | PRIOR INCONSISTENT STATEMENTS BY POLICE |
| inaccuracies, including a variance as much s +/- 12.5%, | | | | OFFICERS - Any statement made by a police officer, |
| non-specificity for ethanol, etc. | | | | verbally, in police reports, or at previous court |
| BOOKING ROOM VIDEOS - Many police stations | | | | proceedings may be used to attack that officer's |
| videotape suspects at the police station, where their | | | | credibility. |
| speech is clear and their balance is perfect, in spite of | | | | POST-DRIVING ABSORPTION OF ALCOHOL - The |
| police testimony to the contrary. | | | | prosecutor must prove the blood or breath alcohol at |
| IN-SQUAD VIDEOS - more and more often, the | | | | the time of driving. Recent consumption of alcohol just |
| suspect's driving and performance on field tests is | | | | prior to driving will cause the test results to be higher |
| being recorded; often contradicting police testimony. | | | | than what the true level was when the person was |
| FAILURE TO PROVIDE SPEEDY TRIAL - If a client is | | | | operating the automobile. |
| not provided with a trial within a certain period of time, | | | | INTERFERING SUBSTANCES - Many items contain |
| which varies between states, through delays of the | | | | forms of alcohol, which may cause false results, such |
| court or prosecutor, the charges must be dismissed. | | | | as asthma spray, cough drops, paints, fingernail polish. |
| POLICE BLOOD TEST INACCURATE - Many times, | | | | These items can cause the breath results to be invalid. |
| police blood testing fails to follow prescribed rules of | | | | BREATH MACHINE NOT PROPERLY OPERATED - |
| testing, analysis, or preservation recommendations. | | | | The manufacturers of breath testing devices have |
| HOSPITAL BLOOD TEST INACCURATE - Hospital | | | | specified protocols, which must be followed for a |
| blood tests overestimate a person's true level by as | | | | breath result to be valid. Failure to follow these |
| much as 25% in healthy, uninjured individuals, and are | | | | requirements will result in improper readings. |
| not statistically reliable in severely injured persons. | | | | FAILURES TO PRODUCE DISPATCH TAPES - Most |
| BREATH TEST OPERATOR UNLICENSED - Most | | | | stops of vehicles are recorded on dispatch tapes, as |
| states require a Breath Test Operator to possess a | | | | well as recording police communications regarding an |
| valid, unexpired operator's license, or the breath test | | | | arrest of an individual. Failure to preserve such tapes |
| result is inadmissible. | | | | upon request can cause all evidence, which could have |
| BREATHALYZER MACHINE MALFUNCTIONS - | | | | been recorded to be suppressed. |
| Most states specify that if there is a malfunction or | | | | MISLEADING STATEMENTS BY POLICE OFFICERS |
| repair of the breath test instrument within a certain | | | | - Any misleading statement by the police regarding the |
| period of time before or after a suspect's breath test, | | | | consequences of taking (or refusing) a blood, breath, or |
| the results of the suspect's test are presumed invalid. | | | | urine test will cause the suspension to be reversed |
| BREATH TEST OPERATOR LICENSE EXPIRED - | | | | and removed from the driver's record. |
| Most states require that a Breath Test Operator must | | | | STATUTES OF LIMITATIONS - A misdemeanor |
| possess an unexpired operator's license, or the breath | | | | charge of DUI must be filed within a certain period of |
| test result is inadmissible. | | | | time (which varies between states) of the date of |
| BREATH TEST DEVICE NOT APPROVED - A | | | | offense, or the charges will be dismissed outright. |
| breath-testing instrument must be listed on the Federal | | | | PRIVATE PROPERTY - A person who has not |
| List of Approved Breath Evidential Instruments and the | | | | driven the car on a public highway cannot be |
| ISP approved list of Devices, or the results are | | | | suspended for drunk driving. |
| inadmissible. | | | | FAILURE TO DISCLOSE EXPERTS - The failure of |
| FAILURE TO PROVE DRIVING UNDER THE | | | | the prosecutor to disclose the state's expert(s) will |
| INFLUENCE - A defendant's admission to driving, | | | | cause those witnesses to be barred from testifying |
| without more, does not prove a charge of driving | | | | against the defendant. |
| under the influence. | | | | LACTATE RINGERS - When hospital staff use |
| INDEPENDENT WITNESSES - Often times, | | | | lactate ringers during the treatment of a patient, the |
| independent witnesses to accidents, bartenders, | | | | hospital blood serum results will report falsely elevated, |
| hospital personnel and others can provide crucial | | | | and therefore invalid, readings. |
| evidence of the defendant's sobriety. | | | | FAILURE TO RECORD CERTIFICATION TESTS - |
| FAILURE TO MIRANDIZE - Prosecutors may not use | | | | the failure to include the value of the simulator solution |
| as evidence the statements of a defendant in custody | | | | used to test breath machines will cause the breath |
| for a DUI when the police have failed to properly issue | | | | test results to be inadmissible in court against the |
| Miranda Warnings. | | | | driver. |
| FIELD SOBRIETY TEST IMPROPERLY | | | | FORCED BLOOD DRAWS - In some states, the |
| ADMINISTERED - According to the National Highway | | | | police may not take a blood test against the driver's |
| and Traffic Safety Administration, improperly | | | | consent where there has not been an injury involved, |
| administered field tests are not valid evidence of | | | | or the result is inadmissible. |