Guilty of a DUI
Another commonly held misconception is that a person charged with DUI cannot challenge a case if he or she submitted to a blood test. Admittedly, cases in which the DUI suspect submitted to a blood test and the test evidences a blood alcohol or controlled substance concentration above legal limits are difficult to defend. Generally, in order to win these cases, the defense lawyer must keep the test results from being admitted into evidence at trial. In some cases, the defense attorney may file a pre-trial motion and seek suppression of evidence by arguing that the investigating officer did not have sufficient cause to conduct the traffic stop or arrest the suspect for suspicion of DUI. In other cases, the defense lawyer may file a pre-trial motion and argue that the results should not be admitted as they are not reliable based upon the hospital's failure to follow testing protocol. The experienced criminal defense attorney Jason S. Dunkle has successfully litigated and obtained the suppression of evidence in DUI cases.