37 WAYS TO DEFEAT YOUR DUI!
The important thing to remember if you got a DUI is: DON’T PANIC! Our firm is ready to help you fight to save
your freedom, your driver’s license, and your ability to earn a living.
Call us right now for a free, no obligation consultation.
JUST SAY NO! – we still have Constitutional Rights but we are in danger of losing them.. You don’t have to take the police balance exercises. You don’t have to give your breath or blood. You have the right to speak to an attorney when you are being investigated for a criminal offense (DUI).
ILLEGAL STOP OF PERSON OR VEHICLE – a cop can’t stop you unless he can give a lawful and reasonable basis and be able to articulate it. A cop has a reasonable basis when the cop believes that you committed some traffic violation. They can’t just pull you over for no reason and arrest you unless a violation occurs. One of the most common reasons people get pulled over for DWI was weaving. Weaving within your lane is not a crime and even if you weaved outside your lane it may not be a crime.
ANONYMOUS TIPS OF DRUNK DRIVING – You can’t be stopped solely on an anonymous phone tip that you appeared to be driving while intoxicated.
NO PROBABLE CAUSE TO ARREST –Officers must have very specific facts and be able to articulate them, or the arrest will be suppressed and the “fruit of the poisonous tree” evidence tossed at trial.
ILLEGAL SEARCH – If the cops to don’t have lawful authority to search you or your car any evidence confiscated will be suppressed and thrown out of court! Anything they find is tainted, and cannot be used against you.
STANDARD FIELD SOBRIETY TESTING (SFST) IS INACCURATE – when the police officers administer the SFST correctly to healthy, coordinated individuals, the one-leg stand test is only 65% accurate, and the walk-and-turn test is only 68% accurate (at best) in determining if a person is under the influence. If you have ANY type of injury or any medical condition, 50 pounds or greater overweight, and/or 65 years or older, you cannot be validly judged by these tests.
NON-STANDARDIZED FIELD TESTS ARE INVALID – Cops often use bogus sobriety testing methods to determine if your drunk. These tests include saying the alphabet, counting backwards, touching your finger to your nose, or estimating time with your eyes closed. These tests aren’t backed by the Federal Government, State Government, or the scientific community, and these bogus tests cannot be used against you. They were rejected as Standardized because they were deemed accurate only 50% of the time.
FIELD SOBRIETY TEST IMPROPERLY ADMINISTERED – According to the National Highway and Traffic Safety Administration and most courts, improperly administered field tests are not valid evidence of intoxication and these tests are inadmissible and cannot be used against you.
IN-CAR VIDEOS – Just like the booking videos, more and more often, the cops use video to record the administration of the standard field sobriety test. Often times, these very videos contradict and expose embellished police testimony.
BOOKING ROOM VIDEOS – Often, officers like to pad the report and embellish the facts. Many police stations videotape suspects at the police station, where you look more sober than the arresting officer. These tapes help us to determine the best outcome in your particular case.
NO MIRANDA WARNINGS –The State can’t use anything you say while in custody for a DUI when the officer forgets to give those warnings.
POLICE BLOOD TEST INACCURATE – Many times, police blood testing fails to follow prescribed rules of testing, analysis, or preservation recommendations.
HOSPITAL BLOOD TEST INACCURATE –Blood tests can overestimate a person’s true blood alcohol content level by as much as 18% in healthy, uninjured individuals, and are not statistically reliable in severely injured persons!
BREATH TESTS ARE INACCURATE – Forget the notion that the breath test isn’t beatable. Virtually everyone except the manufacturer of the machine and the state concede that one breath test alone is unreliable. Breath testing has a 25% margin of error!
MEDICAL AND HEALTH PROBLEMS – Orthopedic problems, earaches, ear infections, sinus and allergy concerns, fatigue and assorted eye problems all effect the validity of the field sobriety test. Many of these health issues also mimic intoxication but the cops never allow you to explain their confusion and you pay the price.
MOUTH ALCOHOL – Mouth alcohol can greatly increase the results of a breath test. Alcohol can get trapped in the mouth if you recently ate, have dentures, cavities, retainers, were chewing gum or tobacco.
BREATH TEST OPERATOR MUST BE CERTIFIED – We can get the test kicked if the operator was not properly certified. The breath test cannot be used against you.
FAILURE TO PROVE DRIVING UNDER THE INFLUENCE – Your admission to driving, without more, does not prove a charge of driving under the influence. The state must prove beyond a reasonable doubt that you were intoxicated or did not have the normal use of your mental or physical faculties at the time of operating a vehicle.
INDEPENDENT WITNESSES – Independent witnesses to the arrest or accident can help establish sobriety.
OFFICER’S PRIOR DISCIPLINARY RECORD – A police officer’s previous disciplinary record can be used to attack the officer’s credibility.
EXPERT WITNESSES – Expert witnesses are available to review the validity of breath tests, blood tests and field sobriety tests. Our experts can expose a faulty test.
PRIOR INCONSISTENT STATEMENTS BY POLICE OFFICERS – A cop’s credibility can be impeached on the stand by any inconsistent statement he made in any prior testimony, police reports, or other statement.
POST-DRIVING ABSORPTION OF ALCOHOL – The prosecutor must prove the blood or breath alcohol at the time of driving. Recent consumption of alcohol just prior to driving will cause the test results to be higher than what the true level was when the person was operating the automobile.
INTERFERING SUBSTANCES – Many items contain forms of alcohol, which may cause false results, such as asthma spray, cough drops, paints, fingernail polish, breath mints and breath fresheners. These items can cause the breath results to be invalid.
BREATH MACHINE NOT PROPERLY OPERATED – The manufacturers of breath testing devices have specified protocols, which must be followed for a breath result to be valid. Failure to follow these requirements will result in improper readings.
FAILURES TO PRODUCE DISPATCH TAPES – Most stops of vehicles are recorded on dispatch tapes, as well as recording police communications regarding an arrest of an individual. Failure to preserve such tapes upon request can cause all evidence, which could have been recorded to be suppressed.
MISLEADING STATEMENTS BY POLICE OFFICERS – Any misleading statement by the police regarding the consequences of taking (or refusing) a blood, breath, or urine test has the potential to cause the suspension to be reversed and removed from the driver’s record.
STATUTES OF LIMITATIONS – A misdemeanor charge of DUI must be filed within a certain period of time of the date of offense, or the charges will be dismissed outright.
PRIVATE PROPERTY – A person who has not driven a motor vehicle (car) on a public place cannot be convicted for drunk driving.
FAILURE TO DISCLOSE EXPERTS – The failure of the prosecutor to disclose the state’s expert(s) will cause those witnesses to be barred from testifying against the defendant, if the attorney does his job correctly.
FAILURE TO RECORD CERTIFICATION TESTS – the failure to include the value of the simulator solution used to test breath machines will cause the breath test results to be inadmissible in court against the driver.
FORCED BLOOD DRAWS – In Florida, the police cannot take a blood test against the driver’s consent where there has not been an injury or death involved, (without a warrant) or the result is inadmissible.
FAILURE TO PROVIDE SPEEDY TRIAL – If a defendant is not provided with a trial within a certain period of time, the charges may be dismissed. A Motion must be filed and a hearing held to protect your valuable right to a speedy trial in order that witnesses and evidence don’t disappear.
HGN (HORIZONTAL GAUZE NYSTAGMUS) – Never let the cops do “the eye test” on you. If he has an Ophthalmologist license, then he shouldn’t be in a patrol car.
WHAT CAUSES HGN –the cops will testify that they are only looking for Alcohol Induced Nystagmus and that is the only type they can recognize. What they don’t know is that there are 47 causes of HGN. I challenge the officers to tell us which type of HGN you had, as most do not know the other types of HGN. Most HGN is not alcohol related. I attack their conclusions based on their lack of knowledge.
PATROL UNIT OVERHEAD LIGHTS CAUSE OPTIKINETIC NYSTAGMUS – often it is the police vehicle which causes the Nystagmus which the cop incorrectly interprets as probable cause to arrest you.
BREATH TEST OBSERVATION TIME PERIOD PERFORMED INCORRECTLY - Florida requires that the police observe the driver for 20 minutes prior to blowing into the breath machine for them to have a “valid” result. Often times the observing officer isn’t observing!
Alan S. Bernstein P.A. - with offices in Broward and Palm Beach - handling cases in the counties of Broward, Dade, Palm Beach, Hendry and Glades, understands the science of breath, blood and urine testing, as well as all facets of DUI Defense. Call right now for a free, no obligation consultation. You only have 10 days to fight the suspension of your driver’s license. Call right now! Call Alan S. Bernstein P.A. at 954-925-3111 or 954-347-1000 during the evenings and weekends.