Driving under the influence of alcohol is a serious crime with potentially serious consequences. In addition to increasing the risk of an accident, a DUI conviction can lead to penalties such as license suspension, fine, mandatory use of an ignition interlock device and even jail time.
Even if you're arrested for drunk driving, it doesn't necessarily mean the court will find you guilty. There are various drunk driving defense strategies to consider, with these among the most common:
- Improper stop: Police must have probable cause to make a traffic stop, such as if you ran a red light or were speeding. Without cause, you may be able to argue that your case should be thrown out.
- Improper administration of field sobriety test: An arrest typically comes after the administration of a field sobriety test, as these determine if you're under the influence of alcohol. However, improper administration and/or maintenance can lead to inaccurate results.
- Accuracy of portable Breathalyzer test: A Breathalyzer is often used alongside field sobriety tests to determine if you're drunk. While these devices are designed to be accurate, this doesn't always hold true. For example, if used in the wrong manner, a Breathalyzer could display an inaccurate reading.
- Rising blood alcohol concentration: After consuming alcohol, your blood alcohol level will change with time. When pulled over, your blood alcohol level could be under the legal limit. However, as time passes and it absorbs into your system, it could increase. By the time the officer tests your blood alcohol level, it could be in the illegal range.
Since every DUI case is different, there's no way of knowing which one of these drunk driving defense strategies makes the most sense. It's critical to compare the pros and cons to the finer details of your case.
It's easy to assume that a DUI arrest will result in a conviction, but you need to stand up for yourself. The right approach will help prevent a conviction and the penalties associated with it.
Visit our website and read our blog for additional information and guidance pertaining to DUI laws and defense strategies. This will help you better understand your situation and how to protect your legal rights.