DUI Defenses

Potential Defenses to a DUI Case

Defenses to a DUI case generally fall into 3 categories: Driving, officer observations/field sobriety tests and chemical testing. Remember that 12 jurors must agree on the guilt of the accused in order to convict. A skilled DUI defense attorney or DMV lawyer is your best hope for creating doubt in these areas and rendering the prosecution’s evidence an unreliable basis for the jury to return a guilty verdict.

Driving

According to the National Highway Traffic Safety Administration, the following driving patterns indicate that the driver may be driving under the influence:

  • Turning with wide radius
  • Straddling center of lane marker
  • Almost striking an object or vehicle
  • Weaving
  • Driving on other than designated roadway
  • Swerving
  • Speed more than 10 miles below legal limit
  • Stopping without cause in traffic lane
  • Following too closely
  • Drifting
  • Tires on center or lane marker
  • Braking erratically
  • Driving into opposing or crossing traffic
  • Signaling inconsistent with driving actions
  • Slow response to traffic signals
  • Stopping inappropriately
  • Turning abruptly or illegally
  • Accelerating or decelerating rapidly
  • Headlights off

A skilled DUI defense attorney can highlight those areas where the defendant’s driving was actually consistent with sobriety. For example, using proper signals, turning normally, and parking properly; stressing driving patterns that are consistent with sobriety can go a long way towards presenting a complete picture and rebutting the prosecution’s case. In addition, there may be an issue of drinking after driving, before the police contact the accused.

Click the links below for more information:

Officer Observations / Field Sobriety Tests (FSTs)
Chemical Testing

There are many ways for an experienced attorney to whittle away at the trustworthiness of the prosecution’s evidence and prevent them from meeting their burden of proof beyond a reasonable doubt.