DUI Defenses

D.U.I. Defenses

Contest the constitutionality of the stop.
Contest the jurisdiction of the officer conducting the traftic stop.
Contest the constitutionality of the administration of roadside tests.
Contest the constitutionality of the probable cause to arrest.
Contest the constitutionality of the Miranda rights.
Contest the manner in which roadside tests were given
Contest the use of a Portable Breath Tester.
Contest the constitutionality of any search and seizure.

The Police May Not:

Stopping a vehicle on the basis of an anonymous call. An officer can not rely on a phone call to stop you, if he does not have a name and address for the caller.

Following a driver into his residence without an invitation or without enough information to justify the entry. Your home is protected under the fourth amendment.

Basing an arrest on the statements of the driver alone. The officer must have independent evidence to corroborate these statements. This often arises when he has not seen you in physical control of your car.

Detaining a driver longer than is reasonable to investigate. The constitution does not allow officers to hold you without limit.

Stopping a vehicle without an articulable suspicion. An officer can not stop you just because he thinks you are suspicious. Stopping a vehicle after legally avoiding a checkpoint. Unless an officer has articulable and reasonable grounds that you violated the vehicle code he cannot make a stop.

Stopping a vehicle because it stops in the middle of the street or it is driving too slowly. Unless there is a specific traffic ordinance you are violating, such as impeding traffic, it is not lawful for an officer to stop you.

Weaving within a lane. The statute only requires you to drive as nearly as is practicable within a single lane. Some cases hold that one weave into the shoulder is not enough reason for a stop.

Stopping a vehicle based on a misperceived violation of a law. The officer must be right about his interpretation of the law.

Stopping a vehicle for an improper sign. Street signs and lane markings must comply with the Manual for Uniform Traffic Control Devices.

Failing to follow the rules of the Department of Health and Intoxilyzer operation manual. These failures may invalidate any alcohol testing.

Stopping at an improper roadblock. There are guidelines that must be followed to validate the stop.

Stopping a vehicle just to check the driver’s license and registration. There must be an actual traffic violation or an articulable suspicion of a crime.

Stopping a vehicle without being able to identify it as the one actually committing a traffic infraction.

Stopping a vehicle for no reason at all. It’s done. Officers usually do not show up in Court on these.

Blocking a vehicle’s exit without justification. Officers may not restrict a drivers freedom to leave without a reason.

Breathalizyer / Blood Test Requirements:

The officer must have had a reasonable suspicion that you were violating the law.

The officer must have either had probable cause to arrest you or obtain your consent for roadside tests.

The officer must have probable cause before he arrests you and before he requires you to take a chemical test.

The officer must give you your Miranda rights after you are arrested, if he is going to interrogate you.