1. Breath test results – In DC, breathalyzer results from the Intoxilyzer 5000 and EC/IR II can be challenged by your DUI defense lawyer. In DC, there have been so many problems with calibration, accuracy, and operator error that you have options.

2. Field Sobriety Tests – That National Highway Traffic Safety Agency (NHTSA) only approves of three Standardized Field Sobriety Tests (SFSTs) for use by the police in Washington, DC: the Horizontal Gaze Nystagmus (HGN) test, the Walk and Turn, and the One Legged Stand. These tests have very specific requirements which are often not followed correctly by the police. They can be challenged by your criminal defense lawyer.

3. Illegal Stop - Sometimes motorists are pulled over for things that are not actually illegal in Washington, DC. If the stop was not legal, the Fourth Amendment to the US Constitution and case law may require your DUI charges to be excluded.

1. Don’t admit guilt – Some Washington DC, traffic violations are criminal offenses, such as criminal speeding, driving on suspended license, driving on a revoked license, and reckless driving. You have a constitutional right to not incriminate yourself by answering police questions. The police do not have to tell you of this Miranda right until you are arrested. It may be best of be polite but not answer the officers’ questions. 

2. Laser – The Washington, DC MPD, US Capital Police, and US Park Police routinely use a third generation LIDAR gun when issuing speeding tickets. These devices require the officer to perform a calibration procedure before use. If the officer did not calibrate, or improperly calibrated the laser gun, your lawyer can challenge this in court or at a DMV hearing.    

3. Radar – Police often use a vehicle-mounted speed radar device instead of a handheld radar gun. There is a display on the dash of the cruiser that alerts the DC traffic officer when a car is going over the posted limit. If they weren’t actively monitoring the cars and using their own judgment of speed, the use of the radar gun can be challenge.

Field Sobriety Tests are given by police officers to a suspected drunk driver.  There are many tests that may come to mind such as saying the alphabet backwards, touching your hand to your nose and so on, but here are only three real field sobriety tests that have any chance of being considered reliable.  The National Highway Traffic Safety Agency (NHTSA) has developed 3 Standardized Field Sobriety Tests (SFSTs).  Washington, DC Metropolitan Police (MPD), US Park Police, and US Capitol Police who are responsible for DUI, DWI, and OWI arrests in the District are required to be trained and certified in these tests.  The tests must be performed exactly to rigid uniform standards.  They rarely ever are.

The three SFSTs are as follows:

• The Horizontal Gaze Nystagmus Test
• The Walk and Turn Test
• The One Legged Stand Test