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.
Attorney Morris is trial lawyer who has been providing high-quality legal representation in the areas of state and federal criminal defense for more than 20 years. He’s known for his trial preparation by fellow attorneys, judges and clients alike. As a trial attorney, he’s dedicated to attaining justice in every case, and is always prepared to successfully take on complex legal issues. Barton and his law firm pride themselves on obtaining results for their clients that other attorneys cannot.
Not only does Barton Morris have extensive experience, he also engages in continuing legal education to provide the highest quality legal services. Barton has received specialized scientific training through the American Chemical Society, and is the only forensic lawyer-scientist in Michigan. He attended the prestigious Trial Lawyers College and serves on its Alumni Association Board of Directors. Barton Morris is also a board member of several distinguished legal associations including the Michigan Association of OWI Attorneys, and the DUI Defense Lawyer’s Association Justice Foundation. He’s also an active member of the National Association of Criminal Defense Attorneys and has graduated from their National Criminal Defense Trial College in Macon, Georgia.
Barton Morris is consistently chosen as a Top Lawyer of Metro Detroit and for DUI/OWI and criminal defense by DBusiness Magazine and Hour Magazine. He has also been chosen as a Super Lawyer in Criminal Defense.