Below is a sample list of possible challenges in every DUI case. Each case is unique and only after a careful review of the facts and circumstances surrounding your case can we establish which of the many challenges below apply to your case.

Motions to Dismiss the Case:

• Dismissal of the case on the grounds the officer did not have a valid reason to pull you over (either witness an infraction being committed or a suspicion of impaired driving)
• Dismissal of the case on the grounds the initial stop was made as a result of uncorroborated information supplied by an unreliable civilian witness
• Dismissal of the case on the grounds the officer did not have enough probable cause to detain and/or arrest you.
• Dismissal pursuant to the legal doctrine of corpus delecti, the prosecution cannot establish the required element that you were the driver of the vehicle but/for your own admission that you were the driver (no other witnesses or evidence can corroborate you were the operator of the vehicle
• Dismissal of your case on the grounds your right to counsel was violated
• Dismissal of your case as the prosecution is not able to prove that you did not consume alcohol between the time of the arrest and the evidentiary alcohol test
• Dismissal of the case on the grounds the officer interfered with your right to obtain additional, independent breath/blood tests
• Dismissal of the case on the grounds the prosecution failed to comply with mandatory filing requirements
• Dismissal for a defective charging document
• Dismissal for lack of facts sufficient to support a finding of guilt beyond a reasonable doubt of all elements necessary to convict for DUI
• Dismissal of the case on the grounds there was a violation of your right to a speedy trial

Motions to Suppress Evidence (generally):

• Suppression of statements for violation of 5th Amendment Miranda rights
• Supression of field sobriety tests for failure to obtain voluntary consent
• Suppression of refusal to submit to field sobriety tests
• Suppression of portable breath test for failure to obtain voluntary consent
• Suppression of portable breath test for failure to administer according protocols
• Suppression of the results of the HGN test (eye test) as it was not administered by a certified drug recognition expert, or in the alternative, use of the test to establish proof of consumption only
• Suppression of all evidence gathered following the use of any speed measuring device
• Suppression of all evidence gathered after your right to counsel attached and the officer failed to advise you of that right
• Suppression of the evidentiary breath/blood test on the grounds the officer failed to properly advise you of the implied consent warnings
• Suppression of the evidentiary breath/blood test on the grounds you expressed confusion regarding the implied consent warnings and the officer failed to clarify those warnings
• Suppression of the evidentiary breath/blood test on the failure of the officer interfering with your right to obtain an additional, independent test

Specific Washington State DUI Breath Test Challenges:

• The test was improperly administered
• The breath test operator was not certified
• The machine was broken or malfunctioning
• The 15 minute observation period was not adhered to
• You had something in your mouth prior to or during testing
• Failure to conduct another observation period after an invalid sample
• Radio frequency interference
• Elevated body temperature produced invalid results
• The presence of acetone skewed the results (such as if you are a diabetic), or other human factors interfered with the results
  
• The work product of the State Toxicology Laboratory in the preparation of the simulator solution was so greatly compromised that it cannot be considered

Specific Washington State Blood Test Challenges:

• The phlebotomist was not trained properly
• Proper blood draw procedures were not followed
• Defects in the chain of custody
• Tainted or contaminated sample
• Failure to properly preserve or store sample
• The prosecutor cannot prove that the sample of blood is yours