The Burden of Proving the Charge Is on the Prosecution

The standard is proof beyond a reasonable doubt. In other words, you are not required to prove your innocence.

• The officer has to have a valid reason for pulling you over or having contact with you. Otherwise, the entire case may be dismissed.
  
  
• The officer's decision to place you under arrest for DUI also has to be examined for being reasonable.
  
  
• The officer also has to comply with a set of protocols when administering any field sobriety tests.

Using Law Enforcement Mistakes to your Benefit

Even if your DUI test result is over the limit, it is not simply an open and shut case. Dozens of potential errors and omissions can occur during the testing process.

• the officer not giving the proper instructions for the field sobriety tests,
  
  
• the officer not demonstrating the field sobriety tests properly,
  
  
• field testing conditions,
  
  
• undisclosed physical limitations,
  
  
• noncompliance with time limits,
  
  
• testing irregularities and failure to comply with the dozens of regulations and laws pertaining to the testing.