There are a variety of different ways to defend against drunk driving charges and all of them are important for accused drivers to be familiar with. A strong criminal defense strategy can stand between an accused driver and potentially significant penalties and consequences associated with a DUI.
The best defense to DUI charges is based on the situation and circumstances of the accused individual and can include several defense options:
Affirmative defenses may apply in specific instances and include entrapment, mistake of fact, duress, involuntary intoxication and necessity.
Challenge to a breathalyzer test
Challenges to a breathalyzer test can be especially important if any of the requirements for a breathalyzer test to be considered accurate are missing. Breathalyzer tests must be routinely maintained and calibrated for accuracy. In addition, the police officer administering the breathalyzer test must know how to administer that particular test and follow the training they have received when administering it. Lastly, the police officer administering the test must take care that the accused driver’s bodily functions do not interfere with the breath test results.
Challenge to a field sobriety test
Challenges to field sobriety tests can also be especially important if any of the requirements for a field sobriety test to be considered reliable are missing. The police officer conducting the field sobriety test must know how to conduct it and must use that training when conducting a field sobriety test.
As this blog also recently pointed out, it may also be possible to challenge the legality of the traffic stop that led to drunk driving charges. Drunk driving charges are serious criminal charges and can result in jail time and steep fines. Knowing how to defend against them is essential for any accused driver facing them.