Facing a drunk driving charge is a difficult journey for many people. In most cases, the top priority when they are arrested is getting out of jail. After that, the top priority becomes developing a defense that might help them get a sentence that isn’t too harsh. While there is no guarantee that you won’t have penalties in your case, there are possible defense options that might be suitable for your case. Each case is unique, so not all of the defense options will be suitable for every case.
Some of the most common DUI defense options involve incorrect actions by the officers who initiated the traffic stop. Claiming that the traffic stop was improper because of lack of probable cause is one possible defense. Other possibilities include calling the field sobriety test, Breathalyzer test or blood test into question. This is often done by scrutinizing the method used, the calibration of equipment or the chain of custody, depending on the situation. In some cases, the amount of time that lapsed between the initiation of the traffic stop and the administration of the breath test is a suitable defense because of the theory of rising blood-alcohol concentration.
Some DUI defenses involve claiming that the drunk driving was necessary or done under duress. Driving drunk because you feared for your life, such as if you are leaving an abusive situation, might be a defense. Claiming that a police officer entrapped you into driving drunk or mistaking that you are sober enough to drive are sometimes used as defense options. Claims that you involuntarily ingested alcohol, such as if your drink was spiked with alcohol without your knowledge, is also a possible defense.
Choosing a DUI defense can have a huge impact on the outcome of your case. Understanding how the defense option might affect you is vital.
Source: FindLaw, “Defenses to Drunk Driving,” accessed Aug. 01, 2015
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