Drunk driving charges can carry serious potential penalties and consequences for accused individuals, which is why it is important for accused individuals to understand their defense options. They may wonder, however, what their defense options are.
There are generally two types of drunk driving defenses. The first type of defenses are considered affirmative defenses, and the second category includes all other types of defense that usually focus on police procedure and the rights of accused individuals. Affirmative defenses include necessity, duress, entrapment, mistake of fact and involuntary intoxication. It is important for individuals who have been accused of a DUI to understand these defenses and how they may apply to their situation and circumstances.
The other category of defenses makes it possible to challenge drunk driving charges in several different situations. One situation is if the arrest for DUI resulted from an improper stop if the police officer lacked probable cause to make the traffic stop.
Additionally, it may be possible to challenge the administration of a field sobriety test or a portable Breathalyzer test and to challenge the accuracy of either or both tests. If the police officer administering either of the tests was not properly trained to administer them, it may be possible to challenge the results of the test.
Moreover, if the Breathalyzer was not properly calibrated or maintained, it may also be able to challenge the result. Lastly, it may be possible to challenge the Breathalyzer by arguing that a breath test at the police station would be more accurate or that the blood alcohol content of the accused individual increased in between the stop and the administration of the test.
Understanding the defenses to drunk driving charges is essential to individuals facing drunk driving charges. Because individuals accused of a DUI can face serious criminal, administrative, personal and professional consequences, it is essential to be familiar with criminal defense options and how to develop a criminal defense strategy to help.