DUI-A list of these defenses

31. INTERFERING SUBSTANCES
– many items contain forms of alcohol which may cause false results, such as asthma spray, cough drops, paints, fingernail polish.
 These items can cause the breath results to be invalid.

32. BREATH MACHINE NOT PROPERLY OPERATED
– the manufacturers of breath testing devices have specified protocols which must be followed for a breath result to be valid.
 Failure to follow these requirements will result in improper readings.

33. FAILURES TO PRODUCE DISPATCH TAPES
– most stops of vehicles are recorded on dispatch tapes, as well as recording police communications regarding an arrest of an individual.
 Failure to preserve such tapes upon request can cause all evidence which could have been recorded to be suppressed.

34. MISLEADING STATEMENTS BY POLICE OFFICERS
– Any misleading statement by the police regarding the consequences of taking (or refusing) a blood, breath, or urine test will cause the suspension to be reversed and removed from the driver’s record.

35. STATUTES OF LIMITATIONS
– A misdemeanor charge of DUI must be filed within 18 months of the date of offense, or the charges will be dismissed outright.

36. PRIVATE PROPERTY
– a person who has not driven the car on a public highway cannot be suspended for drunk driving.

37. FAILURE TO DISCLOSE EXPERTS
– the failure of the prosecutor to disclose the state’s expert(s) will cause those witnesses to be barred from testifying against the defendant.

38. LACTATE RINGERS
– when hospital staff use lactate ringers during the treatment of a patient, the hospital blood serum results will report falsely elevated, and therefore invalid, readings.

39. FAILURE TO RECORD CERTIFICATION TESTS
– the failure to include the value of the simulator solution used to test breath machines will cause the breath test results to be inadmissible in court against the driver.

40. FORCED BLOOD DRAWS
– the police may not take a blood test against the driver’s consent where there has not been an injury involved, or the result is inadmissible.