At the end of the government case in a DUI case, the defense attorney always makes that motion. It is a little bit difficult to have that motion granted in a DUI case when any portion of the motion relies on the credibility of a witness. When it relies on credibility, the judge may wait until the end of the case to make that determination. When there is a matter of law based on the most generous interpretation of the government’s case, and there is a question as to whether the law was violated, the motion might be granted.