Drunk driving is a serious offense and not something to take lightly. However, it does not have to be a death sentence. In order to produce a positive outcome in your case, you need to hire a drunk driving lawyer as soon as possible. Even though there are many defenses to a drunk driving charge, the best defense you can put forth is a skilled and experienced drunk driving lawyer.
Below are effective defenses against drunk driving that you and your drunk driving lawyer will work on to produce a defense.
Illegal Stop/No Probable Cause
A police officer must have probable cause before stopping a car for a possible DUI. There must be something the police officer can point to in order to show why he made the stop. If the stop was not legal, then all the evidence from the stop cannot be used and the case is usually dismissed.
A common area of concern is when a police officer pulls over an individual for a broken taillight, but then require a blood-alcohol breath test. The officers did not necessarily have probable cause to pull that individual over for a DUI, only for a broken taillight. This is an important illustration that shows how you can use this defense in your case.
Administration of Breath Test/FSTs/Blood Test
This is a common area to use as a defense, improper administration of a breath test, field sobriety test, or blood test often results in a dismissed case. Common defenses include assessing whether the officer was properly trained on the device or method. If the suspect vomited or has indigestion, this could play a role in the blood alcohol count and reading.
There are several field sobriety tests that are controversial and the ability to predict sobriety based on field sobriety tests alone is never enough. Additionally, was the device calibrated and properly maintained are questions your drunk driver lawyer will ask.
Someone Else was Driving
When a DUI stop is administered, the passenger of the car may switch seats with the driver of the car because they believe they are not as intoxicated as the driver. What ends up happening is that the passenger, now "driver," ends up blowing above the legal limit and is charged with a DUI.
The prosecution carries the burden of proving that the defendant was in fact driving. While this can be a difficult defense, odds are the police saw who was in the driver's seat and officers make really sympathetic witnesses.
Rising Blood Alcohol
This is a very popular defense that drunk driver lawyers use and it is pretty effective when used properly. It takes up to three hours for alcohol to fully absorb into the blood based on stomach contents. Due to this, blood alcohol count continues to rise even after you stop drinking. So, you could have been under the legal limit when you were driving. The alcohol count continued to rise in your system from the traffic stop to the breath test and the reading is thus inaccurate.
The way most prosecutors overcome this defense is by introducing the preliminary blood alcohol test result, which is taken at the scene, and comparing it to the final result when the offender is brought to the station. If the preliminary blood alcohol test is higher than the final test, it is clear that the offenders BAC was coming down instead of rising. If it were rising the preliminary blood alcohol test would be lower than the final test taken a short time later.
Remember, even if your blood alcohol is found to be below the legal limit, the prosecutor can still move forward with the charges because the law is based on impairment. If the police officer believed you to be driving while impaired, regardless of your blood alcohol amount, then you may be found guilty of the offense.
Your absolutely best defense is your drunk driver lawyer who will create an efficient and successful defense to help you dismiss your case or minimize your sentencing.
NOTE: This Blog is for Informational Purposes Only and Does Not Constitute Legal Advice