DUI Defense
41 Ways To Fight Your DUI

Harter & Schottland has fought and won numerous DUI cases using the following tactics:

 

  1. Suppress all evidence based on an unlawful stop of your car by the police
  2. Suppress a breathalyzer test based on an arrest without probable cause
  3. Attack the sufficiency and reliability of field sobriety testing with reference to the National Highway Traffic Safety Administration (NHTSA)
  4. Challenge the use of non-standardized field sobriety tests
  5. Exclude a breathalyzer test based on non-compliance with state guidelines.
  6. Expose non-compliance with regulatory rules for blood, breath or urine tests.
  7. Download hard drive information from breathalyzer machines and expose errors
  8. Use expert witness testimony to extrapolate actual blood alcohol content while driving compared to the blood alcohol content at the time of testing
  9. Challenge evidence that the driver is in actual physical control of the vehicle
  10. Exclude statements obtained in violation of 5th Amendment rights and Miranda
  11. Introduce medical or health problems at trial that affect DUI testing
  12. Attack the breath test operator's qualifications
  13. Allege and prove a Speedy Trial violation
  14. Expose improper administration of breath, blood or urine testing
  15. Challenge illegal searches resulting in DUI evidence
  16. Exclude evidence based on discovery rule violations
  17. Challenge the sufficiency of evidence at trial
  18. Introduce evidence of actual innocence at trial
  19. Obtain video and audio evidence of the arrest by subpoena
  20. Obtain audio dispatch tape by subpoena
  21. Suppress all evidence based on an insufficient citizen tip to the police
  22. Challenge legality of a roadside safety stop
  23. Obtain the arresting officer's police report for impeachment at trial
  24. Exclude from trial a portable breath test administered at the arrest scene
  25. Obtain booking room video and audio evidence by subpoena
  26. Obtain in-squad video and audio evidence by subpoena
  27. Obtain independent eye witness testimony by subpoena
  28. Challenge the make and model of the breathalyzer machine used
  29. Exclude a breathalyzer test result based on an inadequate observation period
  30. Attack the arresting officer's description of bad driving based on improper interpretation of law
  31. Attack the arresting officer's description of bad driving based on weather conditions
  32. Introduce evidence of post-driving absorption of alcohol
  33. Introduce innocent explanations at trial for bad driving
  34. Introduce evidence of a rising blood alcohol content (BAC was lower when driving than when breathalyzer test is taken)
  35. Introduce expert testimony of the inherent rate of error in blood alcohol testing
  36. Introduce innocent explanations at trial for a poor performance on field sobriety tests
  37. Introduce testimony of the inherent rate of error in field sobriety testing
  38. Introduce innocent explanations at trial for signs of being under the influence of alcohol (e.g. red eyes can be caused by fatigue, as well as intoxication)
  39. Establish at trial that not all bad driving correlates with being under the influence of alcohol (e.g. speeding without other bad driving is not normally a sign of DUI)
  40. Introduce evidence that Gastroesophageal Reflux Disease (GERD) caused a false breath test result
  41. Hire Harter & Schottland to fight your DUI