Prosecutors aggressively go after drunk drivers. You need to be prepared long before you step into the courtroom. Your attorney should review the police report with you, interview your witnesses, investigate the arresting officer, scrutinize the discovery documents and determine which Judge will hear your case. Your attorney should review all issues relating to the stop of your vehicle, to determine if the stop was lawful. If it was not, your attorney should argue for a motion to suppress the stop at trial. If the motion is granted, the Court must dismiss your case because all evidence obtained from the illegal stop (your statements, field sobriety tests, breathalyzer results) are inadmissible. If the stop is found to be legal, your attorney should aggressively attack the field sobriety tests by having a solid understanding of the Standard Field Sobriety Test Manual by which the officer is trained. If you elected to submit to a breath test, careful analysis of the testing process must be done by your attorney to determine if the officer followed the proper procedure. Lastly, the State’s Attorney’s Office must produce specific documents at trial before the results of the breath test are admissible. If it does not, your attorney must object and move for the results of the test not be admitted into evidence.
Drunk driving cases have the potential for many viable defenses. Your dui attorney needs to aggressively go after the prosecutor’s case and fight for you from the traffic stop to the moment you walk out of the police station.
