The abbreviation DUI is a convenient way to refer to EVERY offense on the books which involves operating a vehicle under the influence of alcohol or drugs. Your ticket or court notice may contain another abbreviation such as OWI .08 (operating under while intoxicated), OWI w/High BAC .17 (Super DUI), OWVI (impaired driving) or OWPD (operating with the presence of Schedule 1 drugs, cocaine, marijuana).
Just because the police say they have evidence does not mean it is good evidence. The prosecutor is required to prove guilt in a criminal matter beyond a reasonable doubt. One or more of the following issues can be raised in defending a DUI case to raise doubts:
- Lack of probable cause for traffic stop.
- Police videos do not support traffic stop or intoxication.
- Doubtfulness as to “operation” of the vehicle.
- Field Sobriety Tests (FST) do not support intoxication.
- Inconsistencies in the police report.
- Innocent explanation for signs of intoxication.
- Loss or destruction of evidence, video or test results.
- Marijuana cases: THC levels do not suggest impairment.
- Prescribed medications that did not cause impairment.
- Independent test results which favor defense position.
- Expert witness(es) employed to contest technical evidence.