Winning A Third Offense DUI Case with Orajel Defense

April 29, 2014 | Alcohol, Barton Morris, Blog, Case Study, DUI

In a highly contested felony DUI prosecution, my client and I finally prevailed after a jury of 12 citizens found the defendant “Not Guilty of Third Offense – Operating While Intoxicated (OWI).” This article covers one of the ways of winning a third offense DUI case.

The client had breath alcohol tests results of .26 and .27. after getting into a single car accident. The successful defense centered around an extremely sloppy police investigation.

Facing DUI charges? Unhappy with your current attorney? Request a free consultation now.

Invalidating the Police Investigation

The arresting officer who administered the breath test did not look into the defendant’s mouth before administering the breath alcohol test, which is against the rules. If he had, the defendant testified, he would have found a cotton swab soaked with Orajel Severe Tooth Pain Reliever (44.2% ethyl alcohol by weight).

That sheriff’s deputy also refused the defendant’s request to take an independent test that could have proved his innocence. Instead, the deputy denied the defendant’s right to due process and the jury did their duty and upheld justice by completely exonerating the defendant from all charges including carrying a concealed weapon under the influence .

The Results

Despite the prosecutor’s objection and complaining, I was able to succeed with the ORAJEL defense without an expert witness.

The reason? I used the prosecution witnesses training about breath alcohol testing to establish the defense and its scientific basis.

The Takeaway

As you’ve learned, winning a third offense DUI case is possible when you hire an expert DUI attorney. This case established the importance of mastering the science of breath alcohol testing , along with possessing a good knowledge of police officer alcohol enforcement training.

Facing DUI charges? Unhappy with your current attorney? Request a free consultation now.