Defense Strategies

Just because you are alleged to have had a high Blood Alcohol Content does not mean an automatic conviction.  Your alleged BAC is simply a measurement – the government must still prove that the result is accurate and reliable.  In fact, there are many aspects of your case the Prosecutor must establish before they can secure a conviction.

In my years defending DUI Defense Attorney Las Vegas, I have used a number of different and successful challenges to win cases for my clients.  Some of these challenges include:

Prior to the DUI Investigation and Arrest:

• Did the officer have “reasonable grounds” to have stopped you in the first place?
• Did you exhibit signs of impairment that properly elevated the investigation from a routine traffic stop to a suspected DUI?
• Were your constitutional rights respected?
• Were the proper procedures followed throughout the investigation?
• Did “probable cause” exist to arrest you for DUI?

Field Sobriety Tests:

• Were the proper directions explained to you for each test?
• Were the nationally standardized tests administered properly?
• Did you truly fail the tests?
• Did you actually exhibit signs of impairment?
  

Blood Tests:

• Did the government obtain whole blood or serum?
• Was the testing equipment calibrated and maintained according to the manufacturer’s instructions?
• Was the blood sample handled according to proper procedures?
• Is there a clear chain of custody for the specimen?
• Was your blood sample (for analysis) prepared properly?
• Was the documentation completed properly?
• Are there contamination issues?
• Are there fermentation issues?
• Do you suffer from medical conditions that would impact the reliability of the test?
• Was the test preformed correctly?
• Were the calculations done right?

Breath Tests:

• Was the testing equipment accurately calibrated and maintained?
• Were the proper procedures followed?
• Did the officer adhere to the observation period?
• Are there any health or foreign factors which could have artificially inflated the test result?
• Was “mouth alcohol” a factor?
• Are all the averages (partition ratio) the machine is programmed to follow applicable to you individually?
• Do you have respiratory conditions (asthma) that would render your test invalid?
• Was there any radio frequency interference or ambient air problems?

The foregoing list of potential defenses are not exhaustive.  It is important for you to hire an attorney that is a qualified and highly trained DUI attorney.  Your attorney should know the law and science and be able to use their traini