The Drunk Driving Arrest

There are several tactics that defense attorneys can use to attack the validity of the drunk driving arrest. A few examples:

The police lacked probable cause to make the "stop", so all tests and evidence gathered as part of the illegal DUI arrest must be thrown out of court.

During the drunk driving arrest process, the failure of the arresting officer to follow through in giving the required implied consent warnings will cause the state's BAC test results to be excluded from trial.

Where state law requires it, after a drunk driving arrest, the failure of the police to advise the defendant of his right to a second, independent test as required by state law voids the state's test.

Most states do not permit forcible retrieval of a blood sample from a driver following DUI arrest unless death or serious injury to another person has resulted from a DUI-related accident. Therefore, results obtained in such cases will be void.