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Creative DUI Trial Strategies

Advanced DUI-DWI Trial Strategies for Attorneys

Artz & Sturm Law Group’s creative trial strategies — specifically, their pre-trial motions and Special Jury Instructions — have changed the way DUI Defense Law is practiced in California. The following detailed Motions in Limine and Special Jury Instructions are offered to our attorney colleagues as an invaluable free DUI resource for defending California DUI / drunk driving cases.

“Strategies in Defending DUI Cases” ~ TABLE OF CONTENTS


  1. Exclude P.A.S. Test Results
    1. Exclude P.A.S. Test Results
    2. Points & Authorities to Exclude P.A.S. Test for BAC
    3. Objection to PAS Test Results (Secondary Evidence & Hearsay)
    4. Exclude P.A.S. Test Results Due to Violation of Due Process
  2. Other Creative Motions
    1. Exclude Heresay Evidence Due to Right of Confrontation
    2. Exclude Evidence of Tolerance
    3. Exclude Offering the P.A.S. Test
    4. Exclude Trombetta Advisement and Response by Defendant
    5. Eliminate Prosecutorial Misconduct
    6. Points & Authorities to Exclude Evidence (Alibi)
    7. Prosecutor May Not Lower Prosecution’s Burden of Proof
    8. Admissibility of Partition Ratio Evidence
    9. Exclude the Blood Test for Violation of 4th Amendment
    10. Admit Polygraph Evidence for Rebuttal


  1. Points and Authorities
    1. Points & Authorities Supporting Defendant’s Request for Special Jury Instructions
    2. Memo of Law in Support of EC 403
  2. Special Instructions
    1. Burden of Proof – Breath Test
    2. Permissive Inference
    3. Under the Influence – Driving Impaired
    4. Viewing Less Satisfactory Evidence with Distrust
    5. Title 17 – Continuous Observation Period
    6. Regulations of Title 17 for Breath Testing, Including Training
    7. Training of Operator
    8. Standards Re Breath Testing Per Title 17
    9. Periodic Accuracy Standards
    10. Labs Must Keep Training Records
    11. Choice of Tests
    12. Character Evidence
    13. A P.A.S. Test is a Field Sobriety Test
    14. Factors Re Credibility of Police Officers
    15. Mistake of Fact
    16. Failure to Give Trombetta Affects Credibility
  3. Refusal Instructions
    1. Four Elements of Willful Refusal
    2. State of Mind Other than Consciousness of Guilt
    3. Police Must Advise Refusal Used in Court
    4. Blood Sample Can Be Taken by Police Without Defendant’s Consent
    5. V.C. §13384 and 23612 Allows for Urine Test
    6. Willingness to Take Urine is Not a Refusal