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 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 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 the 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.