DUI Defense Strategies: How Attorneys Fight Drunk Driving Charges

A DUI charge is serious, but it is not necessarily a conviction. Experienced DUI defense attorneys have numerous strategies to challenge the evidence and potentially get charges reduced or dismissed.

Challenging the Traffic Stop

The Fourth Amendment protects against unreasonable searches and seizures. If the police officer did not have reasonable suspicion to pull you over, any evidence gathered during the stop — including BAC test results — may be suppressed.

An attorney will scrutinize:

• The reason for the stop
• Whether the officer's observations justified the stop
• Dashboard camera footage
• Officer's training and experience

Challenging Field Sobriety Tests

Field sobriety tests (FSTs) are notoriously unreliable. The three standardized tests — the Horizontal Gaze Nystagmus, Walk and Turn, and One Leg Stand — have significant error rates even when properly administered.

Defense strategies include:

• Challenging the officer's training and administration of the tests
• Demonstrating that physical conditions (injury, illness, nervousness) affected performance
• Showing that environmental conditions (uneven surface, poor lighting) impacted results

Challenging Breathalyzer Results

Breathalyzer machines are not infallible. An attorney may challenge:

• Calibration records — Was the machine properly calibrated and maintained?
• Operator certification — Was the officer properly trained to use the device?
• Administration errors — Was the 15-minute observation period followed?
• Medical conditions — Conditions like GERD, diabetes, and certain diets can produce falsely elevated readings
• Mouth alcohol — Residual alcohol in the mouth can skew results

Challenging Blood Test Results

Blood tests are generally more accurate than breath tests, but they can still be challenged:

• Chain of custody — Was the blood properly collected, stored, and transported?
• Lab procedures — Were proper testing procedures followed?
• Fermentation — Did the blood sample ferment, increasing the alcohol content?
• Rising blood alcohol — Your BAC may have been below the legal limit while driving but rose by the time the test was administered

Challenging the Arrest

An officer must have probable cause to arrest you for DUI. If the evidence did not support probable cause, the arrest may be unlawful and evidence may be suppressed.

Negotiating a Plea Bargain

Even when the evidence is strong, an experienced DUI attorney may negotiate a plea to a lesser charge such as "wet reckless" (reckless driving involving alcohol), which carries less severe consequences.

The Importance of Acting Quickly

DUI defense requires immediate action. Evidence must be preserved, witnesses must be interviewed, and DMV hearings must be requested within strict deadlines. Contact a DUI defense attorney as soon as possible after your arrest. Find one near you on NinjaLawyers.