While every case is unique, these are the most commonly successful DUI defense strategies used by experienced attorneys.
1. Improper Traffic Stop
Police need reasonable suspicion to pull you over. If the stop was illegal, all evidence collected afterward may be suppressed.
2. Breathalyzer Calibration Errors
Breathalyzers must be properly calibrated and maintained. Failure to follow protocols can invalidate results.
3. Rising BAC Defense
Your BAC was below 0.08% while driving but rose above that level by the time you were tested.
4. Medical Conditions
GERD, diabetes, and certain medications can cause falsely elevated BAC readings.
5. Improper Field Sobriety Testing
Officers must follow NHTSA standardized protocols. Deviations can invalidate results.
6. Chain of Custody Issues
Blood samples must be properly collected, stored, and analyzed. Any break in the chain can invalidate results.
7. Miranda Rights Violations
Statements made during custodial interrogation without Miranda warnings may be suppressed.
8. Mouth Alcohol Contamination
Recent use of mouthwash, medications, or vomiting can contaminate breath test results.
9. No Actual Driving Observed
In some cases, police didn't observe actual driving, which may be a valid defense depending on state law.
10. Radio Frequency Interference
Electronic devices and police equipment can interfere with breathalyzer readings.