Careful motion practice plays an integral role in a DUI attorney's strategy for attacking drunk driving tests. The suppress motion, which can be a home-run, seeks to exclude any evidence that was obtained during an illegal traffic stop.

This motion attacks all of the drunk driving tests at once by seeking to exclude all of the tests from the trial. Other motions may attack a particular test; for example, the results from the blood test or the preliminary alcohol screening device.

Advantages of Filing Motions

Although the primary purpose of filing motions to attack drunk driving tests is to eliminate damaging evidence from trial, there are other significant benefits to filing motions in DUI cases. Some of the less recognized benefits of filing a motion to suppress include:

• Giving you the chance to meet the prosecutor, which creates the opportunity for movement in a case.
• Creates a record for appeal.
• Enhances litigation tactics in a difficult case.

Filing the Suppression Motion

The suppression motion challenges the legality of the detention of the motorist, and it is one of the most commonly used motions in attacking drunk driving tests. Essentially, a successful suppression motion wins the defense's case.

If successful, the suppression motion excludes all of the evidence gathered after the stop, meaning the defendant's statements, their appearance, the results of any field sobriety tests or blood or breath tests cannot be used by the prosecution.

Written suppression motions in DUI cases can be very valuable for the defense, as they force the prosecutor to explain why a warrantless detention is justified. Further, the arresting officer will be more pliable if they haven't had the opportunity to prepare for the defense attorney's attack.

If you're interested in learning more about attacking drunk driving tests, contact a DUI lawyer in our directory.