Drunk driving charges can upend the life of the accused individual in an instant. Accused drivers can face possible jail time, fines, the loss of their driver’s license and other potential penalties and consequences which is why accused divers need to know how to defend themselves against drunk driving charges.
Defenses to drunk driving
Drunk driving defenses are a category of defenses that can protect accused drivers against DUI charges. In addition to certain affirmative defenses that may apply in some circumstances, various elements of a drunk driving stop and charge may also be challenged. Accused drivers should carefully examine the initial traffic stop that led to the DUI charges they are facing. If the initial traffic stop was not legal, it may be possible to challenge the criminal charges against them.
In addition, breathalyzer tests and field sobriety tests both must meet certain requirements and standards to be considered accurate and reliable. Both breathalyzer tests and field sobriety tests must be administered by a trained police officer according to the training they have received. In addition, breathalyzer test devices must be routinely calibrated and maintained and when one is being administered, the administering officer must ensure the accused driver’s bodily fluids do not interfere with the breathalyzer test results.
Knowledge of how accused drivers can potentially challenge DUI charges can be critical to potentially mitigating the personal and professional damages associated with drunk driving charges and a drunk driving arrest. Criminal defense options can help accused drivers in a variety of different situations they should be aware of.