You have been charged with Driving Under the Influence (DUI).

One of the most important decisions you face right now is choosing an experienced, aggressive trial attorney capable of achieving the best possible results for your case. I know the science. I know the law.

Each person and each case has its own story and the reason for how it ends. The only thing certain is that during my tenure as a defense attorney, I have successfully defended individuals accused with DUI, DUI with drugs and DUI with priors.

Upon arrest for a DUI offense you will make an appearance in Court to begin the process of fighting for your rights. The officer who pulled you over will provide his reports to the prosecutor's office. The prosecutor may add or delete charges originally brought once he or she obtains the alcohol test results. You must enter a plea of NOT GUILTY. In no case should you plead guilty right away. It is essential to review all police reports, scientific results, and the procedures used at arriving at a particular alcohol level, before you enter a plea.

The scientific procedures are not available at such an early stage of the proceedings. It takes time and effort to force the prosecution to provide you every shred of evidence needed to defend your case. You must obtain calibration results of the machines used. You must obtain the protocol used to test and evaluate your blood or breath sample. You must obtain evidence from the crime lab which may establish the machine used was not properly functioning at the time your test was analyzed. You may need the services of an expert witness - called a forensic toxicologist - to help assess your defenses.



Defenses to a DUI case generally fall into 3 categories: Driving, officer observations/field sobriety tests and chemical testing. Remember that jurors must agree on the guilt of the accused in order to convict. A skilled DUI defense attorney is your best hope for creating doubt in these areas and rendering the prosecution's evidence an unreliable basis for the jury to return a guilty verdict.


Driving: According to the National Highway Traffic Safety Administration, the following driving patterns indicate that the driver may be driving under the influence: Turning with wide radius Straddling center of lane marker Almost striking an object or vehicle Weaving Driving on other than designated roadway Swerving Speed more than 10 miles below legal limit Stopping without cause in traffic lane Following too closely Drifting Tires on center or lane marker Braking erratically Driving into opposing or crossing traffic Signaling inconsistent with driving actions Slow response to traffic signals Stopping inappropriately Turning abruptly or illegally Accelerating or decelerating rapidly Headlights off

A skilled DUI defense attorney can highlight those areas where the defendant's driving was actually consistent with sobriety. For example, using proper signals, turning normally, and parking properly; stressing driving patterns that are consistent with sobriety can go a long way towards presenting a complete picture and rebutting the prosecution's case. In addition, there may be an issue of drinking after driving and before the police contact the accused.Officer observations/Field Sobriety Tests (FSTs):

Officer observations (post stop):Difficulty with motor vehicle controls Fumbling with driver's license or registration Odor of alcoholic beverage from the driver Slurred speech Difficulty exiting the vehicle Repeating questions or comments Provides incorrect information, changes answers Swaying, unsteady, or balance problems Leaning on the vehicle or other object Slow to respond to officer/officer must repeat

There are many reasons other than being under the influence that could cause people to exhibit these mannerisms.

Field Sobriety Tests: Generally the officer will ask you to take the following field sobriety tests: horizontal gaze nystagmus, walk and turn, and standing on one leg. Officers are attempting to determine whether you can follow instructions, keep your balance, and physically perform the "tests." However, there are many people who, for various innocent reasons, cannot perform these tests to the officer's satisfaction. The most important thing to know about the FSTs is that a skilled DUI defense lawyer will know how to handle them in court. In addition, the taking of FSTs is optional; you are perfectly free to politely refuse to take any FSTs.

Chemical Testing: There are three types of chemical testing: Breath, blood and urine. An experienced criminal defense attorney will know how to point out the legitimate reasons why a chemical test was refused, or the faults of whichever chemical test is involved. There are many reasons for falsely high breath tests. Medical conditions (Gastro Esophageal Reflux Disease, Irritated Bowel Syndrome, or Acid Reflux Syndrome) or dental work (dentures or bridgework which may trap mouth alcohol) could account for an inaccurate test result. The testing device may be improperly calibrated. The officer may fail to follow the manual or training protocol. Rising blood alcohol level shows that BAC would have been lower at the time of driving than when accused was tested. District Attorney fails to prove that results were obtained within the 2 hours after driving ended, or sufficient alcohol was consumed while driving, after driving ended or before police arrived. A blood sample may have improper levels of preservatives.

There are many ways for an experienced attorney to whittle away at the trustworthiness of the prosecution's evidence and prevent them from meeting their burden of proof beyond a reasonable doubt.