Interviewer: Tell me, recently, what strategies do you formulate during your cases that become the foundation of your defense? What particular elements of the case do you discover that are useful to you and help your defendants?
Brian Sloan: The majority of people, when they’re charged with DUI assume, “Well, I was drinking. I was driving. What can you really do for me?” Quite honestly, there are probably more defenses than I can enumerate, even though for a first time misdemeanor DUI, the elements of the offense are driving and being impaired to the slightest degree by alcohol.
It seems like there’s not really much you can do. If you were driving, then there’s really no argument that you weren’t driving, and if you consumed alcohol, then how do you really challenge that you were impaired to the slightest degree? The fact of the matter is there are quite a few of arguments that can be presented that aren’t necessarily on the element.