Many DUI cases are won before trial by challenging the state’s case based o­n the failure of the police to follow various procedural rules that are designed to protect the rights of citizens.  The demonstrated failure by the police to follow any o­ne of these rules may result in the dismissal of your case.  We thoroughly review and analyze each of our clients’ cases to evaluate strategies for challenging illegal police procedures.

We begin by evaluating the legality of the stop.  A DUI investigation usually occurs after the police have stopped your vehicle.  In order to legally stop your vehicle, the police must have either probable cause to believe you have committed a traffic infraction, or reasonable suspicion of criminal activity.  You might be surprised to learn how often the police unlawfully stop vehicles based merely o­n a hunch that something is wrong, or for other improper reasons.

We consider all relevant factors, including:

• The location where you were stopped.  If you were stopped outside the officer’s jurisdiction, o­n private property, or while lawfully parked, the stop may have been unlawful.  
• Failure to maintain a single lane.  If your alleged lane violation did not affect other traffic, the stop may have been unlawful.
• Weaving.  Minimal weaving over a short distance does not justify a traffic stop.
• Speeding.  The alleged speeding must have occurred in the officer’s presence, and the officer from his or her vantage point must have reasonable articulable facts to support a speeding charge.
• Actual physical control of the vehicle.  The state must present evidence that you were driving a vehicle.  If the police arrived after an accident or other incident occurred and no witness can place you behind the wheel, the state may be unable to prove its case against you even if you admitted driving the vehicle in your statements to the police.
• Equipment violations.  Driving for a short distance at night without headlights, minor cracks in windshields and tail lights, and other minor equipment violations may not justify a traffic stop.  
• Road blocks.  There are detailed procedures that the police must follow in order to detain motorists at a road block or DUI check point.  Failure to follow these procedures may render the stop illegal.
• Other alleged traffic violations.  We scrutinize each case to determine if the police have followed the legal requirements for a stop.

Other Police and Prosecutorial Misconduct

Even if the stop was legal, the police must continue to follow the rules during the course of the DUI investigation.  They must obtain your consent to conduct field sobriety exercises (FSEs).  They must conduct the FSEs in a uniform manner, o­n a clean and flat surface and without any unfair distractions.  They must read your Miranda rights prior to a custodial interrogation.  They must correctly advise you of the consequences of refusing a breath test.  They must have probable cause to arrest you.  They must observe you for a continuous period of 20 minutes before administering the breath test.  They must follow all applicable rules and regulations governing the administration of the breath test, including calibration and maintenance prior to testing and the lawful conducting of the testing by qualified personnel.

If the police have violated any o­ne of these rules, crucial state’s evidence may be suppressed.  In addition to evaluating these factors, we also determine whether there has been any prosecutorial error or misconduct.  The prosecution is required to bring its case against you within applicable time limits and comply with prescribed discovery obligations.  Prosecutorial error or misconduct, like police error or misconduct, may lead to the dismissal of a DUI case.

It is always preferable to win a DUI case pre-trial than to face the uncertainties of a trial.  We aggressively and exhaustively explore every possible means of winning your DUI case.