Defending against drunk driving charges should be the highest priority for anyone facing them. There are several different criminal defense strategies to help accused drivers facing drunk driving charges which is why they should be aware of drunk driving defense options.
Defenses to drunk driving charges
There may be problems with a traffic stop at different points during the process that can impact DWI charges against the accused driver. Problems with a traffic stop can include:
- The stop was improper – the traffic stop may be improper if the arresting police officer did not meet the legal standard required to make a traffic stop.
- The field sobriety test was improperly administered – if the field sobriety test was improperly administered because the arresting police officer was not properly trained to administer it or did not follow their training, the accuracy of the field sobriety test may be called into question.
- The breathalyzer test was improperly administered – if the breathalyzer test was improperly administered because the arresting police officer was not properly trained to administer it or did not follow their training, the accuracy of the field sobriety test may be called into question. In addition, if the breathalyzer test was not properly maintained and calibrated, it may not produce reliable results.
- Rising blood alcohol concentration – if there is a delay between the traffic stop and the blood test, additional alcohol may be absorbed into the blood stream resulting in a higher reading than when the accused driver was pulled over.
- Chain of custody problems – it is important for the chain of custody of blood or alcohol samples to be properly preserved or their reliability may be undermined.
Properly preparing a criminal defense strategy when facing drunk driving charges is an important action for accused drivers to take. It may be able to help them mitigate the significant penalties and negative consequences associated with drunk driving charges.