Why Is My DUI Case Set for a Motion to Suppress?

So, you’ve been charged with a DUI – and your attorney says your case is going to a “motion to suppress” hearing. What does that even mean? Well, take a deep breath – because a motion to suppress could be a huge opportunity to get some critical evidence thrown out of your case.But first, let’s back up a bit. When you’re charged with driving under the influence, the prosecutor’s whole case rests on the evidence the police gathered against you – things like:

The reason they initially pulled you over
Their observations of your behavior, appearance, etc.
The results of any field sobriety tests
Breathalyzer or blood test results
Any statements you made

Without that evidence, the prosecutor has no case. So, if your attorney can get some (or all) of that evidence suppressed – aka thrown out and deemed inadmissible – it could seriously undermine the charges against you.

What Is a Motion to Suppress?

Spodek Law Group, P.C. - NYC Criminal Attorneys

85 Broad Street 17th floor, New York

5.0 745 reviews

Yelva Saint-Preux ★★★★★ a week ago
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial … More consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.
Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.
YSP.
Keisha Parris ★★★★★ a month ago
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal … More law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Nun ya ★★★★★ 2 weeks ago
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will … More be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
K Mar ★★★★★ 3 months ago
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.
Alex Zhik secured the best possible … More outcome for my case.
It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.
A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.
Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.
I am grateful for their support and wouldn't hesitate to turn to them again in the future.
Taïko Beauty ★★★★★ a month ago
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since … More the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.
Thank you team!

A motion to suppress is quite simply a request to the judge asking them to prohibit certain evidence from being used at your trial because it was obtained illegally or improperly by the police.Maybe the officer didn’t have legal grounds to pull you over in the first place. Or perhaps the breathalyzer test wasn’t administered correctly. Whatever the reason, if the judge agrees the evidence was obtained through misconduct or violation of your rights, they can suppress it.And without that evidence, the prosecutor’s case gets much, much weaker. In fact, if they suppress enough evidence, the case could get dismissed entirely. So, you can see why a motion to suppress is such a crucial part of a DUI defense strategy.

Common Reasons for Suppressing DUI Evidence

There are a number of common grounds for suppressing evidence in a DUI case. Here are some of the biggest:

Lack of Reasonable Suspicion for the Traffic Stop

For a traffic stop to be legal, the officer needs “reasonable suspicion” that a violation or crime occurred. They can’t just pull you over on a hunch.So, if the officer’s stated reason for the stop doesn’t hold water – like they said you crossed the center line, but dashcam footage shows you didn’t – that’s grounds for suppression. Without a valid reason for the initial stop, everything after could get thrown out.

Improperly Administered Field Sobriety Tests

Those roadside agility tests are incredibly subjective. And officers have to follow strict procedures in administering them, like giving you the proper instructions.If they deviated from the protocols at all, your attorney could argue the tests were faulty and should be inadmissible. No field sobriety test results means no “objective” evidence you were impaired.

Problems with the Breathalyzer or Blood Test

Breathalyzers and blood tests are complex machines subject to all kinds of potential issues – from improper calibration to tainted samples. If your attorney can show any problems with the equipment, procedures, or chain of custody, those test results could get suppressed.And without hard BAC numbers, the prosecutor’s case becomes much harder to prove.

Lack of Probable Cause for Arrest

Before arresting you, the officer needs “probable cause” that you committed a DUI – meaning a reasonable basis to believe you were driving under the influence. If your attorney can show the officer lacked that probable cause, everything after the arrest (including test results and statements) could get suppressed.

Miranda Violations

You’ve heard it on TV – “You have the right to remain silent…” If the officer questioned you without reading those Miranda rights after your arrest, your statements could be inadmissible.Those are just some of the biggest potential suppression issues in a DUI case. But there could be others, depending on the specific facts. That’s why having an experienced DUI attorney carefully review every detail is crucial.

The Motion to Suppress Process

So how does this motion to suppress process actually work? Generally, it goes something like this:First, your attorney will file a written “motion to suppress” with the court that lays out the reasons why certain evidence should be deemed inadmissible. The prosecutor will respond arguing why that evidence should be allowed.Then, the judge will hold a “suppression hearing” where both sides can make their arguments, question witnesses like the arresting officers, and present any other relevant evidence about how the DUI evidence was obtained.The judge will then decide, piece-by-piece, what evidence should be suppressed from your trial based on the arguments and facts presented.If the judge agrees to suppress key evidence, the prosecutor has to re-evaluate whether they even have a viable case anymore. Many times, losing critical evidence like breath or blood test results leads the prosecutor to dismiss charges entirely.Other times, they may be forced to re-file charges or pursue a plea bargain to a lesser offense because their case has been severely weakened. Either way, a successful motion to suppress can completely change the trajectory of your DUI case.

Why Suppression Issues Matter

Look, we get it – all this legal maneuvering over whether evidence should be allowed can feel like a technicality, especially if you actually were driving impaired (although that’s not something you should admit to anyone but your attorney, by the way).But those constitutional protections against unreasonable searches, unlawful arrests, coerced statements, etc. exist for really good reasons. They protect all of us from police overreach and misconduct.So when an officer cuts corners or violates those rules, there have to be consequences. Motions to suppress evidence are one of the main ways our justice system enforces those protections.Plus, even if you did make a mistake and drive under the influence, you still have rights. And law enforcement has to play by the rules in obtaining evidence against you. Suppressing improperly gathered evidence isn’t about a technicality – it’s about holding the system accountable.

Why You Need an Experienced DUI Lawyer

Motions to suppress evidence are extremely complex, highly technical matters of law. The rules around what constitutes a legal traffic stop, arrest, interrogation, and collection of evidence are nuanced and constantly evolving through new court decisions.A skilled DUI defense attorney lives and breathes these issues. They know all the current laws and cases, and exactly what legal arguments to make for suppressing evidence in your specific situation.They also know how to effectively cross-examine officers, scrutinize police reports and dashcam footage, and present a compelling case to the judge about any violations of your rights.Trying to handle a motion to suppress on your own is basically impossible for a non-lawyer. You’d be going up against a professional prosecutor with a huge legal knowledge advantage.The consequences of losing and having key evidence admitted are too high to risk it. Having the right DUI lawyer handling your suppression issues could literally make or break your entire case.

What to Do If Your Case Is Going to a Suppression Hearing

So, if your DUI attorney says your case is headed for a motion to suppress hearing, here’s what you should do:First, have an open and honest conversation with your lawyer about what exactly will be argued to suppress, and why. Make sure you understand the legal grounds they’ll be making their case on.Then, go over all the specific details and evidence again with them – things like:

Exactly what happened during the traffic stop and arrest
How the officer behaved and what they said to you
Any issues you noticed with field sobriety tests or breathalyzers
When you were read your Miranda rights (if at all)

Basically, provide your attorney with any and all information that could be relevant to their suppression arguments. The more they know, the stronger their case will be.You may also be asked to testify at the suppression hearing about your recollection of events. If so, thoroughly prepare with your lawyer beforehand.Finally, trust the process and let your attorney do what they do best. Suppression issues are incredibly nuanced areas of law that take years of experience and specialized knowledge to navigate well.The bottom line? If your DUI case is going to a motion to suppress hearing, it means your lawyer has identified some potential issues with how the evidence against you was obtained. And that could be great news for your case – so long as you have the right legal expertise on your side.

When to Discuss Suppression Issues with a Lawyer

The earlier in your case you can discuss potential suppression issues, the better. An experienced DUI attorney will want to scrutinize the evidence against you from literally the moment you were first pulled over.The best time is before you’re even charged or arraigned. As soon as you’re released from custody after a DUI arrest, you should be consulting with a lawyer to get the process started of analyzing everything for suppression issues.But don’t worry – it’s never too late to bring up potential suppression arguments. Your lawyer can file suppression motions at virtually any point before a trial starts.The key is being proactive and giving your attorney as much time as possible to thoroughly investigate and prepare their suppression strategy. The sooner you involve them, the better your chances of getting improper evidence excluded.

Finding the Right Lawyer for Suppression Issues

When your entire DUI case could hinge on a motion to suppress hearing, you need a lawyer with specific expertise in that area. Look for an attorney who has:

Extensive experience handling DUI cases and suppression issues
A track record of winning suppression hearings
Specialized training in areas like cross-examining officers and analyzing field sobriety tests
Knowledge of all relevant state laws and recent court decisions
A reputation for being extremely thorough and detail-oriented

Don’t just take a lawyer’s word for it that they’re qualified – ask for examples of successful suppression motions they’ve done. Get a sense of their specific strategies in these areas.You’re trusting this person to literally make or break your case, so you need to vet them thoroughly. A general criminal defense attorney who doesn’t focus on DUI may not have the specialized skills required.The bottom line? Having the right lawyer handling suppression issues in your DUI case is absolutely crucial. Make sure you find someone who specializes in this area and has a proven track record. It could mean the difference between a conviction and walking away.

Potential Outcomes After a Suppression Hearing

So what could happen after your motion to suppress hearing? There are a few potential outcomes:Best case scenario: The judge grants your motion to suppress and throws out all or most of the key evidence against you. With little or no admissible evidence left, the prosecutor may be forced to completely dismiss the DUI charges.Decent scenario: Some evidence gets suppressed, but not enough to completely undermine the prosecutor’s case. However, losing things like breath test results still significantly weakens their position. They may be more open to negotiating a plea bargain for lesser charges.Worst case scenario: The judge denies your motion to suppress and allows all the evidence to be admitted at trial. Your case then proceeds as the prosecutor intended, using all the evidence against you.No matter what happens, your lawyer will discuss the implications with you and adjust their strategy accordingly. If evidence does get suppressed, they’ll advise if it makes sense to push for a dismissal or take the prosecution’s best plea offer.And if the motion is denied, they’ll need to prepare for trial and potentially argue other evidentiary issues or defenses. The fight is definitely not over at that point.The key is managing your expectations throughout the process. Motions to suppress are extremely difficult legal battles. Just because one is filed doesn’t guarantee anything will get excluded.But with the right lawyer, you’ll have given yourself the best possible chance of getting improper evidence thrown out. And that could be a total game-changer for your DUI defense.