I recommend without hesitation that you always hire a private attorney to defend your DUI case. I can also state forthrightly that, in more instances than not, the result will be the same. In the majority of cases, the police follow the rules enough that the DUI is a solid one.

 

I have defended many, many DUIs over the 36 years I’ve been practicing. I’ve seen what appear to be hopeless cases with high BAC results turn into dismissals. I’ve seen the opposite end, in which someone who blew right on the line was convicted, because the police did everything right. As I describe it, it’s luck of the draw.

 

DUI cases almost never go to trial. Despite what you read on the internet, breath test results are almost always bullet proof. If there is a challenge to the Datamaster result or procedures, that challenge comes by way of pretrial motion, not trial. Trials are very expensive, and I do everything I can to keep your costs reasonable.

 

The effective way to contest and challenge a DUI case is through what people call ‘technicalities.’ This is a brief list of possible issues:

1. Reasonable suspicion to conduct an investigatory detention. The police must have a legitimate reason to stop you. You have such rights under the 4th amendment. If the stop is illegal, the whole case

2. Probable cause to arrest. The police officer must have probable cause to arrest you. This is based on his observations of your driving, your demeanor, standardized field sobriety tests (almost always, unless you refuse them,) and sometimes a portable breath test.

3. Breath test procedures. In order for the breath sample to be valid, the police must comply with a variety of matters. Thorough mouth check to ensure no contamination. 15-minute observation period for the same reason. Telephone call issues (you have the statutory right to call a family member, friend or attorney.) Notice of right to independent test (constitutional right.) Miranda/Graham issues. Breath test verification of calibration.

 

The best way I describe it is this: In most cases, the police followed the procedures correctly. But if the cop made a mistake, I’ll find it. Sometimes it’s a big enough mistake to result in a dismissal or significant reduction. Other times, it’s a mistake that makes no difference. Other times, there are no mistakes.

 

In my view, the consequences of being convicted of DUI are so significant, you want the best professional help you can.