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What are the most common defenses to drunk driving charges?

On Behalf of | Mar 16, 2020 | DUI |

Drunk driving charges can be devastating for accused drivers and have a lasting impact on their professional and personal lives. As a result, accused drivers should be familiar with their criminal defense rights and their DWI defense options for challenging the drunk driving charges they are facing.

  • Challenge field sobriety tests – it may be possible to challenge the accuracy and reliability of field sobriety tests which are shown in some studies to be only 81% to 91% accurate at determining intoxication when properly conducted. Field sobriety tests must be conducted properly according to training the police officer must receive. 
  • Challenge a breathalyzer test – it may be possible to challenge the accuracy of a breathalyzer test if it was not properly maintained or calibrated. In addition, police officers must be properly trained to administer the particular breathalyzer test they are administering and must conduct the test according to the training they have received. Lastly, the police officer conducting the breathalyzer test must ensure the accused driver’s bodily functions do not interfere with the test results. 
  • Improper stop – if police officers did not meet the standard necessary to make the traffic stop, it may be possible to challenge any drunk driving charges that result. 
  • Other defense – the category of affirmative defenses, such as duress, necessity, entrapment, involuntary intoxication or mistake of fact, may apply in specific circumstances so accused drivers she be familiar with what those are.

 Additional defenses can also include if there were any problems with the chain of custody of any blood test or if the driver’s blood alcohol content level may have risen during a delay from the time of the traffic stop to the time of a blood test at the police station.

Drunk driving charges require a strong defense strategy. Knowing what their criminal defense options are can help accused drivers better protect themselves from the charges they are facing when they need it most.