I know a lot of it has to do with timing (eg. 1 drink a 7pm, 1 drink a 8pm, 1 drink a 9pm, was driving at 10pm, apply formula)

(http://www.autoadmit.com/thread.php?thread_id=3855549&forum_id=2#35127868)

And they will being in experts to argue over breathalizer calibrations and shit.

(http://www.autoadmit.com/thread.php?thread_id=3855549&forum_id=2#35127952)

dui cases come down to the details and nuances the cops and the prosecutors don't think about. you use the timeline established through the cops and their investigation to your advantage the best you can. effectively challenge some combination of the driving pattern, roadsides, blood/breath/urine and out argue all the bs pseudo science and consciencness of guilt nonsense the state throws at you and profit.

(http://www.autoadmit.com/thread.php?thread_id=3855549&forum_id=2#35128007)

Also learn your state laws. Walt Jr gave good advice, but a lot of that wouldn't fly in my jurisdiction

(http://www.autoadmit.com/thread.php?thread_id=3855549&forum_id=2#35128821)

Also, how do you defer the license suspension?

(http://www.autoadmit.com/thread.php?thread_id=3855549&forum_id=2#35128440)

if def gave a sample over .08, basically the only options are to argue the traffic stop was itself invalid, and thus any evidence obtained thereafter, suppress the test on some independent grounds (daubert challenge, improper foundation on calibration of breathalyzer, chain-of-custody of blood sample, insufficient observation period protocol), or retrograde extrapolation showing def could have been <.08 when driving with BAC rising > .08 in the time after the stop. but this last one is very $$$ and requires good expert testimony.

if no sample, there's lots of room to argue reasonable doubt. if def did a field test that's bad but can be explained away. if def gave no sample and did no field test then lol if you lose this case.

(http://www.autoadmit.com/thread.php?thread_id=3855549&forum_id=2#35128005)

I suppose you could check to see, if a speed is listed, that that speed really exceeds the posted limit for that stretch of road. And if it's a tail light issue, that that light being out really is an infraction in your jx (though SCOTUS now says that an officer's "reasonable mistake as to what the law is" puts his bad seizure into the good-faith exception -- I love cuck judges!).

Truthfully, you see shitloads of bad-stop suppression motions and I don't know if I've ever seen one succeed.

(http://www.autoadmit.com/thread.php?thread_id=3855549&forum_id=2#35128322)

i once bombed a field test but then blew a 0.0 twice. cops were shocked.

(http://www.autoadmit.com/thread.php?thread_id=3855549&forum_id=2#37431523)

If your guy didn't blow and looks fine on video, research the law in your jx. on the admissibility of references to the refusal to consent. You probably won't find anything good (the gov't can totally admit it and argue from it that you client believed he was guilty and that's why he didn't consent), in which case wait until trial and ambush the prosbro with constitutional arguments about how a person's 4th Am. right to not be searched w/o consent shouldn't be usable as evidence -- make parallels to Miranda -- and hopefully the pros or the judge or both will get caught flatfooted and at least be brushed back.

If your guy was properly tested (blood or breath, although I should mention that FSTs are always inadmissible in my state ... as they should be, b/c they're laughable garbage) and weighs in close to .08, then get an $80/hr. stat "expert" to come and explain margins of error -- in particular, that just because the device's "margin of error" is .006 or whatever (they all have different ones) doesn't mean the machine can't err more than that; it's just that there's a 95% confidence (that's standard) that the reading will be within that margin of error from the real BAC. Then talk about how BRD "doesn't leave room for that kind of margin of error" or whatever in closing.

If you've got a guy who was legally tested and is way over the limit, hopefully he at least looks good on tape. (And many of these hardened alcoholics do.) If he's wobbling in the cuffs and slurring words, you should probably consider a plea. (Although if his worst behavior is during the FSTs, see if you can get the video excluded on the ground that the jury will draw inferences about the result and significance of the FSTs. Assuming you got those excluded, of course.) Either way, you're stuck with smoke and mirrors in explaining the results, which I loosely categorize into two groups: (1) largely evidentiarily baseless suggestions that there was a major malfunction with the equipment such that it just gave massively fucked up readings; with this it's almost better if he blew like a .4 or something ridiculous (again, these hardened alcoholics will be there); and (2) whatever the local go-to DUI voodoo expert is willing to testify to regarding the testing (there's one in my town who's a 'procedure nut', and will talk about how the phlebotomist shaking a blood sample -- rather than "repeatedly inverting it" -- can cause misreadings, and has maintenance manuals for every intoxylyzer ever made). If your jx has explicit rules against this, then don't do it, but the Scope test (take a quick rinse of mouthwash, keep talking like nothing happened, and then a minute later or so do the breath test and watch as the reading says like .76 or whatever) can be pretty effective and juries eat it up. The key is to not telegraph what you're doing, because if prosbro sees what's going on he's gonna object on the ground that there's no evidentiary basis that your guy was using mouthwash.

If your guy went to multiple bars and didn't have all that much to drink at the last one, grab the receipts from that bar and show up with them and argue that the 2 nightcaps he had at Club Rayne were all that he had all night. (The prosbro won't know where all he went, and, even if he did, is way, way, way too lazy to track down receipts in a non-homicide dui.)

Check the law in your jx and make sure than an officer blurting our your guy's prior duis is an auto-mistrial. If it is, then don't make a peep about keeping them out and **very** subtly see if you can provoke the cop into saying that he saw all 6 of them when he ran your guy's name.

Fuck there are so many....

(http://www.autoadmit.com/thread.php?thread_id=3855549&forum_id=2#35128172)

Friend turned into the exit of a private parking lot and was pulled over by a cop right after. He had been drinking, and the cop wanted to do the standard tests. Friend refused the breathalyzer, but did do a couple of tests that were recorded on the dash cam. Friend gets arrested for DUI, but they never took a blood sample, so BAC was never documented.

Video from the dash cam shows very little, but he does stumble slightly at one point.

Lawyer advises him to take a plea for 1 year of probation, 40 hours of community service, mandatory DUI classes for 3 months, and about 4k in fines.

Could this have been fought?

(http://www.autoadmit.com/thread.php?thread_id=3855549&forum_id=2#35128494)

your friend and everyone else in the world should say nothing and do nothing if pulled over and suspected of DUI, especially if they might actually be drunk.

(http://www.autoadmit.com/thread.php?thread_id=3855549&forum_id=2#35128627)