33 DUI Defenses
Updated September 26, 2017Contrary to popular belief, there are many defenses to a DUI charge. Recent efforts by the National College for DUI Defense launched a new era in DUI defense, as lawyers across the nation began to attend national training seminars and to specialize in defending drinking drivers.
These defenses are not tricks. No slick lawyer is going to "get you off" if you are charged with a solid DUI where everyone involved did everything right.
The good news is that we often do not need tricks to win cases because usually officers make mistakes that provide reasonable doubt. Often shoddy police procedures or laboratory practices win the case for us, if we know where to look.
Here are some defenses that we have grouped into eight categories. There are perhaps a hundred more. Don't you think you owe it to yourself to hire a law firm that knows all of them?
FOURTH AMENDMENT DEFENSES
The Fourth Amendment to the United States Constitution prohibits unreasonable searches and seizures and arrests without a warrant.
TITLE 17 DEFENSES
Title 17 is the shorthand name for a set of California regulations governing forensic alcohol analysis and breath alcohol analysis.
FIELD SOBRIETY TEST DEFENSES
Most of the so-called "field sobriety tests" are nothing more than roadside agility exercises designed to make a motorist seem intoxicated.
DMV DEFENSES
Ask your attorney if he or she conducts "in person" hearings at the DMV.
STATUTORY DEFENSES
There are several statutes that provide defenses to a DUI if your attorney knows how to use them.
REFUSAL DEFENSES
If you are charged with the refusal to take a required chemical test, the officer’s statements to you acquire a critical importance.
BLOOD TEST DEFENSES
Most people think the worst thing they can do is pound a drink and hit the road.
BREATH TEST DEFENSES
Breath test machines are notoriously thrown off by radio frequency interference from car radios, microwave ovens and cellular phones.