Pre-Trial Motions in DUI Cases


After a DUI arrest, arraignment and preliminary hearing, the prosecutor and DUI defense attorney generally appear before the judge and make pre-trial motions.

Pre-trial motions generally include:

  • Arguments that certain evidence should be suppressed or kept out of the trial
  • Arguments that certain people must or cannot testify
  • Arguments that the DUI case should be dismissed
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The Purpose of Pre-Trial Motions

The prosecution and DUI lawyer use pre-trial motions to set the ground rules for the trial, in the event that the DUI case is not resolved through a plea bargain or case dismissal. The acceptable use of evidence, legal arguments and witnesses for the trial are established, depending on what pre-trial motions are made, granted or denied.

The Basis for Pre-Trial Motions

A DUI defense lawyer may find many facts of the case that can be used as the basis of a pre-trial motion. The circumstances of each DUI case are different, and each situation can help a lawyer argue that evidence should be excluded, such as breath test evidence.

Get a DUI Lawyer to Fight for You

If you have been arrested for DUI, you contact a DUI attorney right away. Get in touch with a local DUI attorney who may be able to help you, call us at 877-349-1311, or fill out our free case evaluation form. We will connect you with a DUI attorney to set up a free, no obligation consultation.

The above summary is for informational purposes only, is not legal advice, and is not a substitute for the advice of an attorney in your state.

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