DUI Myth Book - 20 Ways Lawyers who are "Asleep at the Wheel" of Your Virginia DUI Trial can LOSE Winnable Cases!

There is one certainty at a DUI trial - the DUI defendant cannot prevail on an issue his lawyer fails to recognize and raise!

My purpose in writing this book is not to list every possible defense to a DUI or even most of the defenses that could arise in a given case. My purpose is to demonstrate that there are an incredible number of potential defenses in a DUI case from a factual, technical, medical and legal standpoint.

The aggressive defense of a DUI charge can give rise to more potential legal defenses and technical defenses than most murder trials. The Virginia DUI law section of the Virginia Code is over 40 pages long. Furthermore, the law is constantly changing to increase penalties and make it easier for the prosecutor to convict those charged with DUI. Trial courts and appellate courts are regularly issuing opinions on a wide variety of DUI issues. The following is a partial list of potential issues in a DUI case that could lead to your charge being dismissed or the suppression of evidence regarding the results of field sobriety tests or breath tests.

INVALID STOP

1. The arresting officer did not have "reasonable suspicion" for the stop.
2. The basis for the stop was "weaving within the lane."
3. Changing lanes without a signal as the basis for a stop.
4. Anonymous tip of drunk driving from citizen.

INVALID ARREST DEFENSES

5. The officer did not have probable cause to make an arrest.
6. Failure to effectively and persuasively respond to prosecutor’s argument that their burden to show a valid arrest is "only" probable cause.

OFFICER'S OBSERVATIONS OF DEFENDANT

Many lawyers do not respond to the officer's testimony concerning their general observations of the driver - for example that they had an odor of alcohol, their eyes were bloodshot, their speech was slurred, etc.

7. Odor of alcohol. Alcohol has no odor!
8. Bloodshot and glassy eyes.
9. Slurred speech.

FIELD SOBRIETY TESTS

10. Failure to make blanket objection to all field sobriety tests.
11. Failure to object to referring to tests as "field sobriety tests" at jury trial.
12. Standardized field sobriety testing is inaccurate.
13. Failure to object to admissibility of walk and turn and one leg stand tests when a client is 50 or more pounds overweight, over 60 years old, or has any physical impairment that affects their ability to balance.
14. Failure to point out the location where these tests were given.
15. The Horizontal Gaze Nystagmus (HGN) test is not a scientifically valid test.
16. The non-standardized field sobriety tests are invalid.

BREATH and BLOOD TESTS

17. Failure to object to admissibility of the preliminary breath test (PBT) at a motion to dismiss for lack of probable cause to arrest.
18. Failure to obtain maintenance records for the Intoxilyzer 5000.
19. Failure to argue that the BAC at the time of the driving was below .08.
20. Failure to spot multiple issues that arise in DUI accident cases.

I could keep going on and on (I haven't even talked about roadblock issues, the invalid "partition ratio" used by the breath machine, and the Constitutionality of "presumptions"), but I believe I have made my point and convinced you that aggressive, effective and thorough DUI defense is a very complicated area of the law and you need an experienced lawyer to ensure that any and all possible defenses are identified and raised on your behalf.

In the book the above 20 questions will be answered. To get FREE access to the full 116 page book contact our office today at 757.969.5197.