How To Prove You Weren’t Drunk During a DUI Stop

The truth is you’ve already been arrested; you’re not going to prove to the cop you weren’t driving under the influence. He clearly thinks that you were drunk, or he wouldn’t have arrested you. Initially, if you want to avoid the trial, you can present evidence to prosecutor, and try to convince them that you weren’t drunk. Those materials can be witness statements, which could be statements like “I was with him all night, he wasn’t stumbling around.”  or “He was acting totally normal. He had a meal; he only had one beer” That’s all relevant testimonial.

We like to get those witnesses, get sworn statements and present those statements to the prosecutor. Or you might have some documentary evidence that you had a pre-existing medical condition, which would interfere with your ability to perform field sobriety exercise. Maybe you had a knee operation. Maybe you have bad allergies. Maybe you even have vertigo, so you never have any balance. Those are all pieces of information that are relevant to present to the prosecutor to try to get them to come off from a DUI charge and avoid a lot of a mandatory minimum penalties that are involved with the DUI. These minimums could be a mandatory license suspension conviction, and whether it’s second, or third, or fifth offense, maybe you’re looking on some possibility of jail time with the DUI.

Given all the facts you’ve presented to the prosecutor, and he or she won’t budge or give you an offer you want, you go to trial. Then your option are that you can testify, and you can say “look, this is what was going on, I worked 15 hours in the smoke, field environment, I work at a firehouse, I was exhausted, or I worked a double, I have allergies, I have a panic disorder”. that’s all the information that you’re able to testify in order to explain what the cops saw. A lot of that information is very relevant to the testimony about how you perform in the field sobriety exercises. It can work at the trial, and say “yeah, I did really badly on the field sobriety exercises, and here is why”.

Keep in mind that field sobriety exercises are relevant to test two things; they are call dual attention exercises that are intended to test your balance/coordination and your ability to follow instructions. So, if you have a rational explanation of your inability to either following instructions or comprehend instructions, or to balance, or have the necessary coordination to perform the tests that are ask of you, that’s important for jury to know if you go to trial.

You have the right to remain silent at trial, and that’s important to remember as well. No one can force you to testify, and the jury is not allowed to make any assumption or hold it against you. The other thing that is important to keep in mind is that it’s not your job to prove that you’re not drunk. It’s the State job to prove that you were impaired, that your normal faculties were impaired by alcohol or control substances. It’s very possible to go to a DUI trial and not present any testimony and still win. You can’t guarantee all of this, and obviously is very fact specific. So you want to go to meet with the lawyer and talk about your individual circumstances that led to a DUI. And one of those pieces of information you can present, either to prosecutor or jury, will show that you really were not really drunk like a cop thought you were.

Recent Criminal
Case Results

Grand Theft ($300-$5000)

Nolle Prosequi-Case Dropped

CT-Driving Under the Influence Car (M1)

Nolle Prosequi - Case Dropped

CT- Driving under the influence car

Nolle Prosequi - Case Dropped

Grand Theft Third Degree

Adjudicated Guilty; One day jail/one day time serve; Restitution fees; Court Cost

Petit Theft < 300

We negotiated an agreement that entailed the State dropping the charge after our client completed a Pre-Trial Diversion Program. The Charge was dropped via a Nolle Prosequi.

Unlawful Speeding

Withhold of Adjudication; No points on license; Paid fine and clerk cost; 8 hour aggressive driver class; 90 days to satisfy fine and class

Shoot/Throw Missile Into Dwell/Struct/Veh; Child Abuse; Criminal Mischief; Battery (Domestic Violence)

No Information Notice - Charges Dropped

Attach Tag/Lic Plate To Unassigned Vehicle (M2)

Nolle Prosequi - Case Dropped

DUI with Minor In Car or BAL of .20 or Higher

Pled No Contest, 1 Year Probation, 10 day Car Impound, Community Service

Motion to Modify Probation

Motion Granted in 48 hours

Petit Theft

Adjudication Withheld, 4 Months probation, Costs/Fines, Impulse Control Class

Petit Theft of $100 or MORE (M1)

Nolle Prosequi

Refuse To Submit To DUI Test (M1)

Case Dropped

Battery on Law Enforcement Officer (F3); Disorderly Conduct (M2)

Nolle Prosequi - Case Dropped


Charges Dropped

Scheme to Defraud(F3); Grand Theft(F3)

Motion to Terminate Probation Granted

Unlawful Speed


Failed to Yield at Intersection

Not Guilty

Leave Scene Of A Crash W/Property Damage (M2)

Case Dropped

Motion to Modify and Impose a Withhold of Adjudication


Attempted Burglary of a Conveyance

Charges dropped

Possession of Cannabis (less than 20 grams)

Charges dropped


Reduced to reckless driving

Possession of Alcohol Under the Age of 21

Charges dropped

Driving Under the Influence

Reduced to Reckless Driving

Violation of Probation

Case Dismissed

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Scooter Accident


Car Accident


Car Accident


Government Liability Case


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