Can A DUI Case Be Won?

The simple answer is YES some cases can be one.

Most people have the mistaken belief that DUI cases cannot be won. There are cases that can be one if there are good defenses and a good basis to build reasonable doubt in a jury's mind. There are certain facts in each case that may provide a basis to supress evidence against you and erode the State's case against you. Here are some questions that you should ask yourself about your case, as they may provide a basis to win your DUI case.

• Did the police officer fail to advise you of your rights?

• Were you told you had the option to refuse?

• Were you coerced or persuaded to take the Breath Test?

• Did you keep blowing, or blow numerous times to get a breath reading?

• Did you have  a small amount to drink and refuse to take a breath test?

• Was the intoxilyzer improperly calibrated and tested?

• Was the operator not properly certified to give the test?

• Were you coerced or persuaded to take the Roadside Test?

• Did the police officer have you perform the sobriety tests on a surface that wasn't flat, dry, well-lit, and totally free of debris?

• Did the lights of the police car blind you or disorient you when you performed the tests?

• Did the police officer have you attempt the tests on or near the road with passing cars?

• Did the police officer give you instructions on how to perform the tests that were improper or unclear?

• Did the police officer fail physically demonstrate the test before he asked you to perform the test?

• Were you nervous or fatigued during the test? 

• Did you have any medical condition, cold, illness or injury that caused you to appear impaired?

• Did you have a cold, medical condition, illness or injury that caused you difficulties in performing the physical tests?

• Did this condition affect your balance?

• Were you involved in a traffic crash?

• Did you strike your head during the accident?

• Did you perform well on the roadside tests?

• Do you have witnesses that can say you were not impaired?

• Did the police officer fail to watch you for 20 minutes before your breath test was taken?

• Did the Police officer fail to ask you to remove your removable dental work and rinse your mouth before giving you the breath test?

• Were you impaired by something other than alcohol or a controlled substance?

• Were you impaired by drugs and didn't make any admissions or provide a urine sample?

• Do you wear contact lenses or glasses?

• Were you pulled over for speeding, failure to maintain a single lane, red light or careless driving?

• Was your driving consistent with others on the road at the time?

• When you were stopped by the police were you: driving? or  stopped on the side of the road? or stopped in a parking lot?

• If you were in an accident, did the arresting officer observe your driving?

• Did the police officer fail to inform you that you had a right to a lawyer before questioning?