Possible Defenses and Strategies in a DUI case.

DUI cases can be very difficult cases to defend, but they are not always indefensible cases.  Some of the various possible defenses in no particular order are:

  • Defendant was not in ‘actual physical control’ of the vehicle.
  • Police Officer did not have ‘reasonable articulable suspicion’ to stop the vehicle.
  • Police Officer did not have ‘reasonable articulable suspicion’ to investigate possible DUI.
  • Field Sobriety Tests not conducted properly.
  • Field Sobriety Tests not properly observed.
  • Field Sobriety Tests unreliable because of preexisting medical conditions of subject.
  • Faulty BAC testing equipment.
  • BAC testing equipment generally unreliable.
  • BAC testing procedures conducted improperly.
  • Rising Blood Alcohol Level
  • Jurisdictional defenses
  • Driving on a private road rather than a private road.
  • Improper handling of evidence (Chain of Custody of Issues)
  • Misconduct on part of prosecution by withholding exculpatory evidence. (evidence that shows innocence)
  • Necessity Defense
  • Involuntary Intoxication
  • Other devices or chemicals interfering with proper functioning of testing equipment.
  • Failure to wait 15 minutes between breath samples.