Basic DUI Defenses

There is no “typical” D.U.I. case, however, there are basic defenses

Each DUI case is unique. Therefore, each has the potential to have one or more of the basic defenses available. Please note that this is not an exhaustive list:

Anonymous Tip
Was the officer responding to a phone call that reported you driving drunk? Anonymous callers may not provide enough detail or relevance to establish probable cause.

Driving
The officer and the prosecution bear the burden of proof that it was you who were actually driving the vehicle.

Probable Cause
Were you properly pulled over and stopped? An officer can’t legally stop you unless s/he can has specific cause to believe that you violated the law.

Driver Fatigue
Were you fatigued rather than under the influence? Driving fatigued can produce many of the same signs as driving impaired.

Mental “Impairment”
Mental impairment always precedes physical impairment. Will the officer report that you were coherent enough to answer his questions? If so, you were not mentally impaired.

Symptoms Explained
Did you explain to the officer that exhaustion or allergies were causing your bloodshot eyes? Did you explain that you were nervous?

Legality of Search
Police are prohibited from searching a person or the automobile for a minor traffic offense without your consent.

Dispatch Tapes
When officers prepare to stop a car they report their intention to do so to police dispatcher which is required to tape the officer’s dialogue.

Disciplinary History
Does the arresting officer have a history of disciplinary problems that affect his credibility?