Common DUI Defense Strategies 

by Mark Beller on Apr. 15, 2020

Criminal DUI-DWI Criminal  Misdemeanor 

Summary: Common strategies that defense attorneys use to fight DUI's

Common DUI Defense Strategies 

  There are numerous  defense strategies that may be used by an attorney to fight a dui case.  Whether a particular legal defense applies in your case will depend on on the specific facts of a dui case.

  1. Improper or illegal stop.  The U.S. and Arizona Constitution’s provide you certain protections against improper or illegal government actions – including the actions of police officers.  If the police did not have a legal justification to stop you, we may be able to suppress certain evidence or get your case dismissed by the prosecutor or judge.
  2. Improper police interrogation or questioning.  Once you have been arrested, the police must read you the Miranda Warning before questioning you.  If the officer fails to read you the Miranda Warning we may be able to suppress any answers you gave the police after you were arrested.
  3. Was the breath machine properly calibrated and functioning at the time of your arrest?
  4. Was your blood or breath sample properly taken?
  5. Was the evidence in your case – blood or urine sample, video tapes, or other evidence – properly seized and stored?
  6. Did the officer have adequate training to administer the field sobriety or other tests?
  7. Did the officer follow proper police department policies when he stopped, arrested and booked you?
  8. Did the officer rely on an anonymous informant as the basis for stopping you?
  9. Do you have a medical condition that explains poor performance on the field sobriety tests?
  10. Do you have a medical condition – such as GERD, or acid reflux – that explains an abnormally high BAC reading?
  11. Do you wear dentures, or other dental devices or implants that can trap alcohol in your mouth before blowing into the breath machine?
  12. What were the weather conditions at the time you performed the field sobriety tests?
  13. Did the police and/or prosecutor disclose all of the evidence they are legally required to disclose to you before trial?
  14. Did the officer write a complete and accurate report, or did he simply use a “cookie-cutter” report when describing your stop and arrest?
  15. Are there witnesses available to testify about your speech, movement and coordination in the time leading up to when you were arrested?

     When choosing the proper dui defense strategies we have to look beyond the stop and your performance on the field sobriety tests and blood or breath machine results.   Mark Beller is former Prosecutor with both the City of Scottsdale and The Maricopa County Attorney’s Office.  He has spent his entire career practicing criminal law.  He is a veteran trial attorney with a proven record of success. Call today for a free consultation, (602) 690-3018

Legal Articles Additional Disclaimer

Lawyer.com is not a law firm and does not offer legal advice. Content posted on Lawyer.com is the sole responsibility of the person from whom such content originated and is not reviewed or commented on by Lawyer.com. The application of law to any set of facts is a highly specialized skill, practiced by lawyers and often dependent on jurisdiction. Content on the site of a legal nature may or may not be accurate for a particular state or jurisdiction and may largely depend on specific circumstances surrounding individual cases, which may or may not be consistent with your circumstances or may no longer be up-to-date to the extent that laws have changed since posting. Legal articles therefore are for review as general research and for use in helping to gauge a lawyer's expertise on a matter. If you are seeking specific legal advice, Lawyer.com recommends that you contact a lawyer to review your specific issues. See Lawyer.com's full Terms of Use for more information.