Defending themselves against drunk driving charges may be one of the most important steps accused drivers take. Drivers accused of drunk driving face possible license suspension, jail time and fines that can dramatically alter their daily lives. For that reason, accused drivers should be familiar with drunk driving defense options.
Affirmative defenses are a category of defenses that may apply in certain circumstances such as duress, mistake of fact, entrapment, necessity and involuntary intoxication.
Problems with the traffic stop
Police must meet certain legal standards and thresholds to pull an individual over for the initial traffic stop to be legal. If they fail to follow required procedures, and have not met the standards required, it may be the basis for a defense challenge.
Field sobriety test problems
Field sobriety tests must be properly conducted according to appropriate training received by the police officer. If they are not properly administered, they may not be considered accurate or reliable.
Breathalyzer test problems
Breathalyzer tests must also be properly conducted according to appropriate training received by the police officer. If they are not properly administered, they may not be considered accurate or reliable. The police officer conducting the test must also ensure the accused driver’s bodily functions to not interfere with the breathalyzer test results.
Because all of these things, the initial traffic stop, field sobriety tests and breathalyzer tests, can all lead to drunk driving charges, it is important to be familiar with how to challenge them if they were improperly conducted or performed. All accused drivers should understand they have the opportunity to defend themselves and know how to do that.