D.  U .  I .    D   E   F   E   N   S   E   S

The following are just some of the factors which might help to establish an effective defense to the charge of DUI.

Driving Distractions

• Talking on a cell phone
• Engaging in conversation with a passenger
• Listening to music
• Eating food
• Smoking

Mechanical condition of automobile

• Poor brakes, suspension or steering

Infractions which are not necessarily related to alcohol impairment

• Speeding
• Running a red light
• Turning without a signal

Law enforcement has a legally insufficient reason to stop the driver

• Stopping a driver due to late hour or proximity to a bar
• Stopping a driver for minor driving behaviors
• Stopping a driver due to mere suspicion of illegal behavior

Behavior

• Little sleep or late hour contributing to fatigue
• Driver suffering from a cold or allergy
• Speech naturally quiet or spoken with an accent
• Driver wearing dirty work clothes

Physical Tests

• Driver nervous or scared
• Driver distracted
• Driver has disability which affects performance on tests
• Driver’s natural lack of coordination and balance
• Poor environment for tests ( inadequate lighting, close proximity to traffic, ground not level)
• Tests not adequately explained or demonstrated

Statements

• Driver not informed of Miranda Rights before interrogation
• Police misunderstood or misinterpreted Driver’s statements

Breath/Urine/Blood

• Driver not properly informed of implied consent
• Intoxilyzer not properly maintained
• Intoxilyzer or operator not properly certified
• Failure of Police to observe Driver for 15-20 minutes prior to test
• Driver taking legal medication or cough syrup
• Urine or Blood samples improperly taken, preserved or analyzed.

You should consult with an Attorney soon after you are accused or arrested, in order to fully understand your options and your rights.