A lack of sleep produces many of the same effects associated with being drunk – including lack of coordination, judgment, and reaction time. Defense counsel should not allow a prosecutor, judge, or jury to dismiss consideration of sleep deprivation when it is relevant.

The alcohol breath test causes two types of bias, writes professors Michael P. Hlastala and Joseph C. Anderson. They propose two changes to eliminate the bias.

"To competently represent a client charged with DUI you must learn the new techniques and current technologies unique to this area of criminal defense. DUI defense involves a complex combination of science and law that should not be initiated by those unwilling to treat the defense of this serious crime with the respect that it deserves."

-Stephen L. Jones, "To DUI or Not to DUI, That is the Question," The Champion (August 2006). 

Find case-based tools and more on DUI here.

What is at stake in Mitchell v. Wisconsin? This case is about the constitutionality of statutes permitting a warrantless blood draw from an impaired driver who is unconscious.

Letter with the National Association of Federal Defenders to members of the Senate regarding concerns for cases in tribal courts as addressed in the proposed Violence Against Women Reauthorization Act of 2012 (S. 1925).

Almost all DUI lawyers have agonized over how to handle the fact that a client refused to take a breath test following arrest. Starting in voir dire, the criminal defense attorney needs to help the jury understand reasonable doubt, burden of proof, and the fact that a defendant plays no role in submitting evidence at the time of arrest. Further, the defense attorney should touch upon these concepts during the opening statement, when cross-examining the arresting officer, and during the closing argument.

“Walk the line.” Everyone knows that when people hear those words, they’re being tested to see if they’re drunk. DUI defense lawyers often hear clients say, “I couldn’t do that if I was sober!” Although lawyers hope that they didn’t phrase it in quite those terms to the arresting officer, the point is well-taken. The now ubiquitous standardized field sobriety tests are unscientific, unfair, and misunderstood. However, if they are unchallenged, they have tremendous persuasive effect on the court and the jury.

Diabetes is a disease in which the body does not properly produce or use insulin, one of the primary hormones that regulate blood sugar levels. When it comes to driving under the influence, diabetics may have complications not present in other clients.

What are some things defense counsel can do to deliver a solid and convincing summation in a DUI trial? Edward Fiandach recommends the use of “Devil Words” (such as contaminated) that have the power to curse the prosecution’s case. To accomplish their aim, Devil Words must not only raise a negative aspect of the prosecution’s case during trial, but they also must be used in summation to recall that negative aspect. Fiandach provides a list of Devil Words and their possible uses to employ in summation to help jurors remember important questions, lines, and demonstrations.

Amicus curiae brief of the National Association of Criminal Defense Lawyers and the New Mexico Criminal Defense Lawyers Association in support of petitioner.

Amicus curiae brief of the National College for DUI Defense and the National Association of Criminal Defense Lawyers in support of Respondent.

Brief of the National College for DUI Defense and the National Association of Criminal Defense Lawyers as Amici Curiae in Support of Petitioners.

Brief of Amici Curiae National Association of Criminal Defense Lawyers and Tennessee Association of Criminal Defense Lawyers, Filed In Support of the Defendant/Appellee