Crafting a strong drunk driving defense is important for any driver accused of driving under the influence and facing the possible penalties and consequences associated with drunk driving charges. There are a variety of different criminal defense approaches to drunk driving charges.
The best criminal defense strategy when facing charges of driving under the influence depends on the situation and circumstances of the accused driver. Criminal defense options include:
- Challenging the initial traffic stop that led to the DUI charges if the traffic stop was not legal;
- Challenging the field sobriety test if it was not performed according to standard training received by the police officer conducting the test;
- Challenging a breathalyzer test if it was not performed according to standard training received by the police officer conducting the test;
- Challenging a breathalyzer test if it was not properly maintained or routinely calibrated to be able to provide reliable and accurate results;
- Challenging a breathalyzer test if the accused driver’s bodily functions, such as vomiting, interfered with the test results;
- Assertion of an affirmative defense such as duress, involuntary intoxication, necessity, entrapment or mistake of fact.
Each defense to drunk driving charges, and which is best, relies on the unique situation and circumstances and affirmative defenses may apply in limited situations that the accused driver should be familiar with. Criminal defense rights assure that the rights of the accused driver are protected and assertion of those rights keeps them protected.
A strong criminal defense strategy to DUI charges can help accused drivers mitigate the potentially devastating impact of drunk driving charges that can include criminal and administrative penalties and consequences. As a result, it is imperative that accused drivers know the criminal defense options and protections available to them when facing drunk driving charges.