Defenses

TOP DUI DEFENSES

  • Police had no reason to stop your vehicle.

  • Police had no reason to stop your vehicle because weaving within lanes or turning without signaling isn’t illegal.

  • Police had no probable cause to arrest because you were asleep in a parked vehicle when they made contact.

  • Police had no probable cause to arrest because you were parked when they made contact.

  • Police had no probable cause to arrest because you were standing outside the vehicle when they made contact.

  • Police had no probable cause to arrest because you were involved in a vehicle accident that occurred outside the presence of police officers.

  • You were arrested at home after police responded to a 911 caller.

  • You admitted to driving to protect the actual driver of the vehicle.

  • Police had no probable cause to arrest you because you were alert, coherent, and cooperative.

  • Police had no probable cause to arrest you because you refused all field sobriety tests and the roadside breath test.

  • Police administered non–non-standardized field sobriety tests.

  • You were judged by a police officer already believing you were under the influence of alcohol. 

  • The Field Sobriety Tests were inaccurate because your shoes (high heels or cowboy boots) interfered with performance.

  • The Field Sobriety Tests were inaccurate because your age interfered with your performance.

  • The Field Sobriety Tests were inaccurate because your physical health (back, legs, or inner ear problems (vertigo)) interfered with your performance.

  • The breath/blood test is invalid because you drank alcohol immediately before driving and the alcohol absorbed into your blood after driving.

  • The breath/blood test is invalid because you drank alcohol after driving and before the police made contact.

  • The breath test is inherently inaccurate with a margin of error of +/- 0.005 to 0.02% 

  • The breath/blood samples were not taken within 3 hours of driving.

  • The breath test is invalid because the police failed to observe you continuously for 15 minutes before taking the test.  

  • The breath test is invalid because police failed to obtain 2 breath samples separated by at least 2 minutes.

  • The breath test is invalid because the 2 breath samples were more than .02% of each other.  

  • The breath test is invalid because you have diabetes. 

  • The breath test is invalid because you have GERD, acid reflux, or heartburn.

  • The breath test is invalid because you burped or vomited before taking the breath test.

  • The breath test is invalid because you have diabetes or have a high-protein diet.  

  • The breath test is invalid because you have asthma or bronchitis. 

  • The breath test is invalid because you used mouthwash or breath spray containing alcohol. 

  • The breath test is invalid because dental work or dentures trap small amounts of alcohol in your teeth.

  • The breath test is invalid because you were exposed to contaminants like fumes from paint, ethanol, gasoline or airbag dust from a vehicle accident.

  • The breath test is invalid because police failed to maintain the breath test device as required by the manufacturer’s maintenance schedule.

  • The breath test is invalid because police failed to calibrate the breath test device every 10 days or 150 uses.

  • The breath test is invalid because police failed to keep the breath test device free from radio waves or electrical interference, including radio equipment or cell phones.

  • The breath test is invalid because police failed to keep the breath test device at a constant temperature or adjust it for atmospheric pressure, including altitude or temperature changes.

  • The blood test is invalid because the person who drew your blood swabbed your arm with alcohol, which contaminated the blood draw.

  • The blood test is invalid because the anticoagulant and preservatives were not a specific ratio of all the blood taken.

  • The blood test is invalid because the person who drew your blood failed to vigorously shake the anticoagulant, preservatives, and blood.

  • The blood test results are inadmissible because there is no chain of custody between the person who drew the blood, the police, and laboratory.

  • Police failed to keep and preserve the blood sample for 1 year to allow retesting by the defense.

  • The blood test is inadmissible because police failed to obtain a search warrant after you refused to consent to a blood test.

  • The blood test is inadmissible because police failed to obtain a search warrant after you withdrew consent to a blood test.