I was just wondering how defense lawyers win drunk driving cases, especially with a video, it is fairly easy to tell a drunk person from a not drunk person I think. I think I found an answer. Well, the simplest reason is that DUI cases are pretty complex on the law enforcement end. There are a lot of steps of officer most perform to be in compliance with the federal training on the issue. If the officer misses a step, screws up the instructions (even a minor mistake, such as forgetting a word or two) can give a defense attorney room to attack. Now, most state courts (and federal courts) have ruled as long as the officer is reasonably close in the instructions given and how the test is performed, then it should be good to go. But the problem is also prosecutors. In cities under 100,000 (or even smaller counties), prosecutors may be only part time and work in private practice full time. So they might not have the time, energy or willpower to full research and prosecute a DUI case. They may have no clue what the defense attorney is talking about and aren't able to get back the evidence a defense attorney chips away at. Lastly, a lot of DUI cases are made by inexperienced officers, officers who don't care much for DUIs or officers that don't do a lot of DUIs. If an officer is on dayshift for the last 4 years, then works a nightshift and lands his first drunk in literally years. . He probably isn't going to be spot on with his field sobriety tests. So *shrugs* it is just the nature of the beast. When you have defense attorneys who don't do anything except study the NFTSA manual on HGN and make a lot of money taking DUIs to court, you might see them win a lot of cases. Now the good news. . . In my experience, many cities have good officers and prosecutors that actually know their stuff and can win cases. So while it may seem like *a lot* of people get off the hook on their drunk driving charges, a lot more are successfully prosecuted.
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