My trial tip of the day is to have a single or limited theory of the case. In a drunk driving (DUI) case , there are many defense theories that may be available.Pick the strongest and stay with it. Here is an example.Today , I had a case where there were two key issues.The strongest point was the issue of physical control of an automobile.So  instead of fighting the high breath test, I  focused on whether the client was in physical control of the car.By the way , my commentary on the physical control rule under Tennessee law is that it needs improvement.Under Tennessee law we are punishing a driver who decided they shouldn’t drive by sleeping in the car then arresting them.

If it is a breath test case and your defense is acid reflux , talk about acid reflux and that a breath test machine may read the result in error.If it is a disconnect case , talk about that the physical manifestations not equaling the blood alcohol test.Pick the defense and show how the facts fit in that single category.A shot gun is a good weapon to shoot ducks , quail and friends of Dick Cheney.It is not a good weapon to attack a DUI case.You need a laser focus.